McCLAIN v. BEGLEY, 465 N.W.2d 680 (Minn. 1991)

Claudia McCLAIN, as Trustee for the heirs and next of kin of Michelle Elizabeth McClain, decedent, petitioner, Appellant, v. Bridget J. BEGLEY, petitioner, Appellant, Christine S. Meyers, Defendant, Altra Auto Rental, Inc., a division of Agency Rent-A-Car, Inc., Respondent. and ALTRA AUTO RENTAL, INC., A DIVISION OF AGENCY RENT-A-CAR, INC., Respondent, v. FIREMEN’S FUND INSURANCE […]

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RADICHEL v. FEDERAL SURETY CO., 170 Minn. 92 (1927)

212 N.W. 171 CLARA L. RADICHEL AND ANOTHER v. FEDERAL SURETY COMPANY.[1] No. 25,584.Supreme Court of Minnesota. January 28, 1927. [1] Reported in 212 N.W. 171. What part of price of drain tile bought and laid along ditch before date of bond, and what part of price of tile delivered after date of bond, was […]

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ZERN v. COM’R OF PUBLIC SAFETY, 371 N.W.2d 82 (Minn.App. 1985)

Paul Bradley ZERN, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C3-84-2012.Minnesota Court of Appeals. July 16, 1985. Appeal from the District Court, Dakota County, William Thuet, J. Page 83 Syllabus by the Court Where an intoxilyzer machine is operated by a certified operator and the machine is in proper working order and the […]

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STATE v. SKUBINNA, A09-360 (Minn.App. 3-16-2010)

State of Minnesota, Respondent, v. David Allan Skubinna, Appellant. No. A09-360.Minnesota Court of Appeals. Filed March 16, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]

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STATE v. BRIDGEFORTH, C8-99-633 (Minn.App. 8-24-1999)

State of Minnesota, Respondent, v. Larry Dale Bridgeforth, Appellant. No. C8-99-633.Minnesota Court of Appeals. Filed August 24, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District […]

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JESCO, INC. v. HOME LIFE INS. CO., 357 N.W.2d 123 (Minn.App. 1984)

JESCO, INC., Appellant (CO-84-508) Plaintiff (CO-84-542 C2-84-946), v. HOME LIFE INSURANCE COMPANY, Respondent, Central Northwestern National Bank of Minneapolis, et al., Defendants, Viking Automatic Sprinkler Company, et al., Appellants (CO-84-508), C.S. McCrossan, Inc., Appellant (CO-84-542), Egan, Field Nowak, Inc., Appellant (C2-84-946). Nos. CO-84-508, CO-84-542 and C2-84-946.Minnesota Court of Appeals. October 30, 1984. Review Denied February […]

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STEVENS v. SCHOOL BOARD OF IND. DIST. NO. 271, 296 Minn. 413 (1973)

208 N.W.2d 866 PATRICK STEVENS v. SCHOOL BOARD OF INDEPENDENT SCHOOL DISTRICT NO. 271. No. 43929.Supreme Court of Minnesota. June 22, 1973. Actions — failure to prosecute — quashing of certiorari proceeding — propriety. Certiorari in the Hennepin County District Court to review respondent school board’s termination of relator’s teaching contract. The court, Luther Sletten, […]

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READS LANDING CAMPERS v. TP. OF PEPIN, 546 N.W.2d 10 (Minn. 1996)

READS LANDING CAMPERS ASSOCIATION, INC., Respondent, Soo Line Railroad Company, d/b/a CP Rail System, petitioner, Appellant, v. TOWNSHIP OF PEPIN, Respondent, State of Minnesota, Respondent, and Richard McCaleb, et al., intervenors-defendants, petitioners, Respondents. No. C2-94-2133.Supreme Court of Minnesota. April 19, 1996. Appeal from the District Court, Wabasha County, Lawrence T. Collins, J. Page 11 Syllabus […]

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WEST BEND MUT. INS. CO. v. ARMSTRONG, 419 N.W.2d 848 (Minn.App. 1988)

WEST BEND MUTUAL INSURANCE COMPANY, Respondent, v. Glen ARMSTRONG, individually and father and natural guardian of Charles A. Armstrong, a minor, Darrin G. Hulegaard, Randy W. Dryden, individually and d.b.a. Dryden Construction Company, Theresa M. Hogstad, et al., Respondents, State Farm Mutual Automobile Insurance Company, Appellant. No. C6-87-1614.Minnesota Court of Appeals. March 8, 1988. Review […]

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STATE v. TOTIMEH, 433 N.W.2d 921 (Minn.App. 1988)

STATE of Minnesota, Respondent, v. George Herman TOTIMEH, Appellant. No. C4-88-620.Minnesota Court of Appeals. December 27, 1988. Review Denied February 22, 1989. Appeal from the District Court, Stearns County, Steven P. Ruble, J. Page 922 Syllabus by the Court Evidence was sufficient to support convictions for burglary in the first degree and criminal sexual conduct […]

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STATE v. HIGGS, A04-2172 (Minn.App. 12-6-2005)

State of Minnesota, Respondent, v. Preston Higgs, Appellant. No. A04-2172.Minnesota Court of Appeals. Filed December 6, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District Court, […]

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AHMED v. QUALITY STAFFING SOLUTIONS, C9-98-1845 (Minn.App. 4-20-1999)

Zahra Y. Ahmed, Relator, v. Quality Staffing Solutions, Respondent, Commissioner of Economic Security, Respondent. No. C9-98-1845.Minnesota Court of Appeals. Filed April 20, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 […]

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STATE v. BREVIK, C9-97-2032 (Minn.App. 5-19-1998)

STATE OF MINNESOTA, Respondent, v. JOHN HERMAN BREVIK, Appellant. No. C9-97-2032.Minnesota Court of Appeals. Filed May 19, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District […]

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STATE v. REED, C4-00-779 (Minn.App. 3-13-2001)

State of Minnesota, Respondent, v. Janet Dawn Reed, Appellant. No. C4-00-779Minnesota Court of Appeals. Filed March 13, 2001 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]

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IN MATTER OF THE WELFARE OF J. R. S., A10-1081 (Minn.App. 3-15-2011)

In the Matter of the Welfare of: J. R. S., Child. Nos. A10-1081, A10-1082.Minnesota Court of Appeals. Filed March 15, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal […]

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IN RE MARRIAGE OF HORNER, A08-1701 (Minn.App. 1-5-2010)

In re the Marriage of: Patrick Chaon Horner, petitioner, Respondent, v. Isabelle Christine Chaon, Appellant. No. A08-1701.Minnesota Court of Appeals. Filed January 5, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]

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DUCHENE v. AQUA CITY IRR., 577 N.W.2d 729 (Minn. 1998)

Lawrence M. DUCHENE, Respondent, v. AQUA CITY IRRIGATION and Western National Insurance Company, Relators, and Medica Choice/Health Care Recoveries, Inc., Fairview Southdale Hospital and Institute for Athletic Medicine, and Aspen Medical Group, Intervenors. No. C1-98-429.Supreme Court of Minnesota. May 21, 1998. Considered and decided by the court en banc. ORDER Based upon all the files, […]

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HEMMERLIN-STEWART v. ALLINA HOSPS. CLINICS, A05-100 (Minn.App. 9-6-2005)

Jacqueline Hemmerlin-Stewart, Appellant, v. Allina Hospitals Clinics, d/b/a Abbott Northwestern Hospital, Respondent, Northwest Anesthesia, P.A., et al., Respondents. No. A05-100.Minnesota Court of Appeals. Filed September 6, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. […]

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OLSON v. OLSON, A05-1417 (Minn.App. 5-16-2006)

Kathy Nyberg Olson, for herself and on behalf of Sonia Joy Olson, petitioner, Respondent, v. Steven Eugene Olson, Appellant. No. A05-1417.Minnesota Court of Appeals. Filed May 16, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. […]

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TIBBITTS v. E.G. STAUDE MNFG. CO., 166 Minn. 139 (1926)

207 N.W. 202 MILLARD TIBBITTS v. E.G. STAUDE MANUFACTURING COMPANY AND ANOTHER.[1] No. 25,035.Supreme Court of Minnesota. February 5, 1926. [1] Reported in 207 N.W. 202. Meaning of word “necessary” in statute respecting additional compensation for retraining. 1. In determining whether an employe, who in his work has accidentally suffered the loss of a member […]

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RATKA v. ST. JOSEPH MUTUAL INSURANCE COMPANY, A03-1661 (Minn.App. 5-18-2004)

Mark Ratka, et al., Respondents, v. St. Joseph Mutual Insurance Company, Appellant. No. A03-1661.Minnesota Court of Appeals. Filed May 18, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal […]

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HUYNH v. ILLINOIS FARMERS INS. CO., 421 N.W.2d 390 (Minn.App. 1988)

Linh HUYNH, Appellant, v. ILLINOIS FARMERS INSURANCE COMPANY, Respondent. No. C6-87-2102.Minnesota Court of Appeals. March 29, 1988. Review Denied May 18, 1988. Appeal from the District Court, Ramsey County, Mary L. Klas, J. Syllabus by the Court Summary judgment was properly granted when the facts were undisputed, the vehicle was not an active accessory to […]

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TIMMER v. GRAY, 395 N.W.2d 477 (Minn.App. 1986)

Martin TIMMER, et al., Appellants, v. William GRAY, Jed Maggert, Respondents. No. C2-86-1034.Minnesota Court of Appeals. November 4, 1986. Appeal from the District Court, Koochiching County, William E. Kalar, J. Syllabus by the Court A purchaser for nominal value is unjustly enriched in the circumstances here where the value of the property has been substantially […]

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ALLISON v. OLSON, C0-00-942 (Minn.App. 12-12-2000)

Shawn Eugene Allison, Appellant, vs. Richard Olson, Respondent, Connie Mauer, Respondent. No. C0-00-942.Minnesota Court of Appeals. Filed December 12, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998) Appeal from […]

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HUISENGA v. OPUS CORP., 494 N.W.2d 469 (Minn. 1992)

Lonnie J. HUISENGA, Relator, v. OPUS CORPORATION and Chubb Group Insurance Company and Lund Martin Construction Co. and CNA Insurance Company, Respondents, and Minnesota Department of Human Services, Carpenter Joiners Welfare Fund, Intervenors, Respondents. No. C3-92-807.Supreme Court of Minnesota. December 31, 1992. Rehearing Denied February 4, 1993. Page 470 Syllabus by the Court When an […]

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STATE v. GENG, A08-1913 (Minn.App. 11-24-2009)

State of Minnesota, Respondent, v. James John Geng, Jr., Appellant. No. A08-1913.Minnesota Court of Appeals. Filed November 24, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the […]

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BRANNAN v. SHERTZER, 242 Minn. 277 (1954)

64 N.W.2d 755 MURRELL J. BRANNAN v. ELMER J. SHERTZER. MABEL C. CLARK v. SAME.[1] Nos. 36,190, 36,191.Supreme Court of Minnesota. May 28, 1954. [1] Reported in 64 N.W.2d 755. Pleading — complaint — amendment after responsive pleading — matter of discretion. 1. Wilful and wanton negligence is a reckless disregard of the safety of […]

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STATE v. McDONNELL, C8-03-203 (Minn.App. 10-7-2003)

State of Minnesota, Respondent, v. John Michael McDonnell, Appellant. No. C8-03-203.Minnesota Court of Appeals. Filed October 7, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the District […]

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CHIODO v. BD., ED. OF SPE. SCH. DIS. NO. 1, 298 Minn. 380 (1974)

215 N.W.2d 806 ARTHUR J. CHIODO v. BOARD OF EDUCATION OF SPECIAL SCHOOL DISTRICT NO. 1 AND OTHERS. No. 44188.Supreme Court of Minnesota. February 22, 1974. Schools and school districts — teacher tenure — applicability to basketball coach. Action in the Hennepin County District Court for a declaratory judgment establishing plaintiff’s tenure as a basketball […]

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SMITH v. MASON BROTHERS CO., 174 Minn. 94 (1928)

218 N.W. 243 JESSIE SMITH v. MASON BROTHERS COMPANY AND ANOTHER.[1] No. 26,554.Supreme Court of Minnesota. March 9, 1928. [1] Reported in 218 N.W. 243. Death of employe, hastened by aggravation of existing infirmity, caused by accident, is compensable. 1. Death hastened by and due to an aggravation of an existing infirmity by the use […]

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STATE v. MILES, A07-0483 (Minn.App. 1-22-2008)

State of Minnesota, Respondent, v. Brian Cordell Miles, Appellant. No. A07-0483.Minnesota Court of Appeals. Filed January 22, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]

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CONWED CORP. v. UNION CARBIDE CHEM., 634 N.W.2d 401 (Minn. 2001)

Conwed Corporation, a Delaware corporation, Plaintiff, vs. Union Carbide Chemicals and Plastics Company, Inc. (f/k/a Union Carbide Corporation), a New York corporation, Defendant and Third-Party Plaintiff, vs. MacArthur Company, a Minnesota corporation, Third-Party Defendant. No. CX-00-2200.Supreme Court of Minnesota. Filed: October 4, 2001. Page 402 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

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STATE v. RONNEBAUM, 449 N.W.2d 722 (Minn. 1990)

STATE of Minnesota, Appellant, v. Russ Allen RONNEBAUM, Respondent. No. CX-89-1068.Supreme Court of Minnesota. January 5, 1990. Appeal from the District Court, Ramsey County. Syllabus by the Court Trial court in prosecution of defendant for child sex abuse erred in granting defendant’s pretrial motion to suppress his statements to police, and the suppression order will […]

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NORTHWEST PUBLICATIONS, INC., v. ANDERSON, 259 N.W.2d 254 (Minn. 1977)

NORTHWEST PUBLICATIONS, INC., Intervening Petitioners, v. Honorable Donald E. ANDERSON and Louis Wendlandt, Respondents, State of Minnesota, Respondent, Roger S. Caldwell, Respondent, and STATE of Minnesota, Respondents, v. Donald HOWARD, Respondent, Republican and Herald Publishing Company, d. b. a. Winona Daily and Sunday News, et al., Intervening Petitioners. Nos. 48182, 48122.Supreme Court of Minnesota. September […]

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STATE v. FOSS, 554 N.W.2d 82 (Minn.App. 1996)

STATE of Minnesota, Appellant, v. Douglas Earl FOSS, Respondent. No. C5-95-2248.Minnesota Court of Appeals. August 27, 1996. Review Granted October 29, 1996. Appeal from the District Court, Scott County, M. Eugene Atkins, J. Page 83 Syllabus by the Court The trial court’s inherent judicial authority to stay adjudication of conviction is broad enough to support […]

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STATE v. COON, 170 Minn. 343 (1927)

212 N.W. 588 STATE v. JAMES COON.[1] No. 25,857.Supreme Court of Minnesota. February 25, 1927. [1] Reported in 212 N.W. 588. Conviction sustained by evidence. 1. The verdict of guilty of carnal knowledge of a girl under the age of consent is sustained by the evidence. When absence of evidence of a struggle is not […]

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FURRY FRIENDS’ HOME AWAY v. GCC PROP. MGT., A08-1602 (Minn.App. 9-15-2009)

Auntie Ruth’s Furry Friends’ Home Away from Home, Ltd., Appellant, v. GCC Property Management, LLC, Respondent, Peerless Water Treatment and Pollution Control, Inc., et al., Defendants. No. A08-1602.Minnesota Court of Appeals. Filed September 15, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not […]

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SHAFFER v. CITY OF BROOKLYN CENTER, C1-97-307 (Minn.App. 8-19-1997)

HELEN C. SHAFFER, Respondent, v. CITY OF BROOKLYN CENTER, Appellant. No. C1-97-307.Minnesota Court of Appeals. Filed August 19, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the […]

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GULLINGS v. STATE BOARD OF DENTAL EXAMINERS, 200 Minn. 115 (1937)

273 N.W. 703 INGMAN O. GULLINGS AND OTHERS v. STATE BOARD OF DENTAL EXAMINERS AND OTHERS.[1] No. 31,210.Supreme Court of Minnesota. May 28, 1937. [1] Reported in 273 N.W. 703. Statute — construction — penal statute. Same — same — language of statute — lack of ambiguity. 1. While a penal statute is to be […]

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STRONG v. RICHFIELD STATE AGENCY, INC., 460 N.W.2d 106 (Minn.App. 1990)

Carolyn A. STRONG, et al., Appellants, v. RICHFIELD STATE AGENCY, INC., et al., Respondents. No. C3-90-494.Minnesota Court of Appeals. September 18, 1990. Appeal from the District Court, Hennepin County, James H. Johnston, J. Page 107 Syllabus by the Court 1. A property owner’s duty to provide safe access to the property does not include maintaining […]

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IN RE APPELGET, 636 N.W.2d 148 (Minn. 2001)

In Re Petition for Disciplinary Action against Steven T. Appelget, an Attorney at Law of the State of Minnesota. No. C9-99-2181.Supreme Court of Minnesota. Filed: November 30, 2001 ORDER PAUL H. ANDERSON, Associate Justice. The Director of the Office of Lawyers Professional Responsibility has filed a petition for extension of probation alleging that respondent Steven […]

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SNICKER v. BYERS, 176 Minn. 541 (1929)

224 N.W. 152 EDWARD SNICKER, INCOMPETENT, V. B. F. BYERS AND OTHERS.[1] No. 27,141.Supreme Court of Minnesota. March 8, 1929. [1] Reported in 224 N.W. 152. Guardians may be directed to demand bonds for deposits of their wards’ moneys. 1. The probate court has authority to direct guardians of minors and incompetent persons to require […]

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MARRIAGE OF KEDING LEMTOUNI N/K/A/ KEDING, C6-02-2232 (Minn.App. 6-10-2003)

In re the Marriage of: Kathleen Ann Keding Lemtouni n/k/a/ Kathleen Ann Keding, petitioner, Respondent, v. Tarik Keding Lemtouni, Appellant. No. C6-02-2232.Minnesota Court of Appeals. Filed June 10, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by […]

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STATE v. BRAYLOCK, 501 N.W.2d 625 (Minn. 1993)

STATE of Minnesota, Respondent, v. Ben Archie BRAYLOCK, Jr., Appellant. No. C9-92-1265.Supreme Court of Minnesota. June 18, 1993. Appeal from the District Court, Hennepin County, Henry W. McCarr, J. Syllabus by the Court Conviction for first degree murder and attempted first degree murder affirmed. Page 626 Sonja G. Lemmer, Sp. Asst. State Public Defender Dorsey […]

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GERTKEN v. FARMERS ELEVATOR OF KENSINGTON, 411 N.W.2d 550 (Minn.App. 1987)

James GERTKEN as Trustee for the next of kin of Shirley Gertken, deceased, and James Gertken, individually, Appellant, v. FARMERS ELEVATOR OF KENSINGTON, MINNESOTA, INC., et al., Robert Holthaus, etc., Respondents. No. C9-86-2147.Minnesota Court of Appeals. September 1, 1987. Review Denied October 28, 1987. Appeal from the District Court, Stearns County, Paul Ballard, J. Page […]

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STATE v. SECOND CHURCH OF CHRIST, SCIENTIST, 185 Minn. 242 (1932)

240 N.W. 532 STATE v. SECOND CHURCH OF CHRIST, SCIENTIST.[1] No. 28,557.Supreme Court of Minnesota. January 29, 1932. [1] Reported in 240 N.W. 532. Taxation — property of church corporation exempt. 1. Where a church corporation has present need for a site for new church buildings, purchases real property for that purpose, intends in good […]

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STATE v. BERNIER, C0-01-2071 (Minn.App. 7-16-2002)

State of Minnesota, Respondent, v. David Thomas Bernier, Appellant. No. C0-01-2071Minnesota Court of Appeals. Filed July 16, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]

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JAENISCH v. VIGEN, 209 Minn. 543 (1941)

297 N.W. 29 B. A. JAENISCH v. CLIFFORD T. VIGEN AND OTHERS.[1] No. 32,582.Supreme Court of Minnesota. March 21, 1941. [1] Reported in 297 N.W. 29. Automobile — sideswipe collision — negligence of drivers — questions for jury. 1. In a personal injury action arising out of an automobile collision, questions of defendants’ negligence and […]

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STATE v. SOLTAN, C6-02-710 (Minn.App. 12-24-2002)

State of Minnesota, Respondent, v. Mahmoud Soltan, Appellant. No. C6-02-710.Minnesota Court of Appeals. Filed December 24, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the District Court, […]

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STATE v. MOHOMOUD, 788 N.W.2d 152 (Minn.App. 2010)

STATE of Minnesota, Respondent, v. Fuad Yassin MOHOMOUD, Appellant. No. A09-1969.Minnesota Court of Appeals. September 14, 2010. Appeal from the District Court, Freeborn County, Steven Schwab, J. Page 153 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 154 SYLLABUS A party who […]

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MATTER OF DISCIPLINE OF LEE, 407 N.W.2d 101 (Minn. 1987)

In the Matter of the Application for the DISCIPLINE of John Emory LEE, Jr., an Attorney at Law of the State of Minnesota. No. C1-82-688.Supreme Court of Minnesota. June 15, 1987. ORDER The Director of the Office of Lawyers Professional Responsibility has filed with this court a petition alleging certain acts of misconduct on the […]

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STALL v. CHRISTENSEN, 277 Minn. 71 (1967)

151 N.W.2d 764 VERNON T. STALL v. CHRIST AUGUST CHRISTENSEN. No. 39,948.Supreme Court of Minnesota. June 9, 1967. Trial — instructions — time for exception to errors or omissions. 1. Rule 51, Rules of Civil Procedure, comprehends that errors or omissions in the court’s charge should be brought to the attention of the court before […]

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STATE v. SARGENT, 355 N.W.2d 179 (Minn.App. 1984)

STATE of Minnesota, Respondent, v. Randy M. SARGENT, Appellant. Nos. C5-84-455, C7-84-456, C9-84-457, C0-84-458, C2-84-459, C9-84-460.Minnesota Court of Appeals. September 18, 1984. Appeal from the District Court, Blue Earth and Nicollett Counties, Noah S. Rosenbloom, J. Syllabus by the Court 1. A dependant sentenced to four concurrent executed prison sentences has a right to execution […]

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IN RE TVETEN, 402 N.W.2d 551 (Minn. 1987)

In re Omar A. TVETEN, Debtor. No. C7-86-1580.Supreme Court of Minnesota. March 27, 1987. Appeal from the United States Bankruptcy Court for the District of Minnesota. Page 552 Syllabus by the Court 1. A debtor’s rights to receive payments under, or a debtor’s interest in, property known as annuities or similar plans or contracts purchased […]

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STATE EX REL RASINSKI v. SCHOEPKE, C4-99-774 (Minn.App. 1-11-2000)

State of Minnesota Regarding the Parties: Linda M. Rasinski, Respondent, v. James J. Schoepke, Appellant. No. C4-99-774.Minnesota Court of Appeals. Filed January 11, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]

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STATE v. EDINBURGH, A10-421 (Minn.App. 6-27-2011)

State of Minnesota, Respondent, v. Miles David Edinburgh, Appellant. No. A10-421.Minnesota Court of Appeals. Filed June 27, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the District […]

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IN MATTER OF THE ESTATE OF MATHEWSON, A07-1230 (Minn.App. 7-29-2008)

In the Matter of the Estate of: Arthur Mathewson, deceased. No. A07-1230.Minnesota Court of Appeals. Filed July 29, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the […]

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IN RE CRISSEY, 645 N.W.2d 141 (Minn. 2002)

In re Petition for Disciplinary Action against Heidi H. Crissey, an Attorney at Law of the State of Minnesota. No. C1-01-1799.Supreme Court of Minnesota. Filed: June 13, 2002. SYLLABUS Respondent’s neglect of client matters and failure to cooperate with the disciplinary investigation, together with respondent’s admission that indefinite suspension is the appropriate discipline, warrants an […]

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KEHR v. CITY OF ROSEVILLE, 426 N.W.2d 233 (Minn.App. 1988)

Alvin F. KEHR, Respondent, v. CITY OF ROSEVILLE, Appellant. No. C5-87-2429.Minnesota Court of Appeals. July 12, 1988. Review Denied September 16, 1988. Appeal from the District Court, Ramsey County, Richard J. Menki, J. Page 234 Syllabus by the Court Where a rational basis for a city’s decision denying an application for rezoning is presented at […]

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STATE v. VOLSTAD, 287 N.W.2d 660 (Minn. 1980)

STATE of Minnesota, Respondent, v. Steven Allen VOLSTAD, Appellant. No. 48904.Supreme Court of Minnesota. January 11, 1980. Appeal from the District Court, Hennepin County, William S. Posten, J. Page 661 C. Paul Jones, Public Defender, and Robert D. Goodell, Asst. Public Defender, Minneapolis, for appellant. Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County […]

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LARSON v. MIDLAND COOPERATIVES, INC., 305 Minn. 256 (1975)

232 N.W.2d 810 ROBERT C. LARSON, INDIVIDUALLY AND d.b.a. LARSON’S SUBURBAN GREENHOUSES, v. MIDLAND COOPERATIVES, INCORPORATED. No. 45253.Supreme Court of Minnesota. August 29, 1975. Trial — withholding exhibits from jury — propriety. 1. Where soil samples are admitted into evidence for the limited purpose of assisting expert witnesses explain their testimony regarding the effect of […]

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DI RE v. CENTRAL LIVESTOCK ORDER BUYING CO., 253 Minn. 120 (1958)

91 N.W.2d 453 VINCENT DI RE v. CENTRAL LIVESTOCK ORDER BUYING COMPANY. No. 37,430.Supreme Court of Minnesota. July 3, 1958. Evidence — admissibility — business records — account books of illiterate laborer. 1. The account books of an illiterate laborer as well as those of a tradesman or a banker are admissible in evidence. Under […]

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RICHTER v. ESTATE OF SIPPLE, C1-00-321 (Minn.App. 9-19-2000)

Ethel Richter, Appellant, v. Estate of Roger Sipple, et al., Respondents. No. C1-00-321.Minnesota Court of Appeals. Filed September 19, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from […]

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STATE v. WEMYSS, 696 N.W.2d 802 (Minn.App. 2005)

STATE of Minnesota, Respondent, v. Richard Robert WEMYSS, a/k/a Richard Robert Weyness, Appellant. No. A04-1001.Minnesota Court of Appeals. May 24, 2005. Page 803 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 804 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

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WASCHE v. MILBANK MUT. INS. CO., 268 N.W.2d 913 (Minn. 1978)

Ralph WASCHE, Personal Representative of the Estate of Crescentia Grace Wasche, a.k.a. Grace Wasche, Deceased, Respondent, v. MILBANK MUTUAL INSURANCE COMPANY, Appellant. Clark Edward BOCK, Respondent, v. MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Appellant. Nos. 48051, 48534.Supreme Court of Minnesota. June 30, 1978. Appeal from the District Court, Hennepin County, Richard Kantorowicz and Jonathan Lebedoff, JJ. […]

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CHIN v. LITTLE SIX, INC., C2-01-919 (Minn.App. 1-8-2002)

TAMALA J. CHIN, RELATOR, v. LITTLE SIX, INC., RESPONDENT, COMMISSIONER OF ECONOMIC SECURITY, RESPONDENT. No. C2-01-919Minnesota Court of Appeals. Filed January 8, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 […]

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STATE v. DAVID, A10-495 (Minn.App. 1-11-2011)

State of Minnesota, Respondent, v. Matthew Adam David, Appellant. No. A10-495.Minnesota Court of Appeals. Filed January 11, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the District […]

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IN RE ENGLUND v. ENGLUND, C2-99-1471 (Minn.App. 2-29-2000)

In Re the Marriage of: Rebecca J. Englund, n/k/a Rebecca J. Peterson, petitioner, Respondent, v. Reid A. Englund, Appellant. No. C2-99-1471.Minnesota Court of Appeals. Filed February 29, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. […]

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PRIDE v. BANK OF COMMERCE OF MILBANK, 170 Minn. 120 (1927)

212 N.W. 3 GRANT PRIDE v. BANK OF COMMERCE OF MILBANK, SOUTH DAKOTA, AND OTHERS.[1] No. 25,765.Supreme Court of Minnesota. January 28, 1927. [1] Reported in 212 N.W. 3. Superintendent of South Dakota banks takes title to moneys of an insolvent state bank on deposit in Minnesota. 1. Title to money owned by a South […]

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IN RE PETITION OF SCHWERMANN v. REINHART, 296 Minn. 340 (1973)

210 N.W.2d 33 IN RE PETITION OF HENRY E. SCHWERMANN AND OTHERS FOR ESTABLISHMENT OF COUNTY DITCH NO. 93, NICOLLET COUNTY, v. OSCAR REINHART AND OTHERS. No. 43806.Supreme Court of Minnesota. June 15, 1973. Drainage — proceedings to establish county ditch — appeals to district court — effect — effect of order appealed from. 1. […]

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IN RE CLOUTIER v. QUIGLEY, C4-02-964 (Minn.App. 2-11-2003)

In re: Barbara Jean Cloutier, petitioner, Respondent, v. Kevin Christopher Quigley, Appellant. No. C4-02-964.Minnesota Court of Appeals. Filed February 11, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal […]

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JOHNSON v. CUMMISKEY, 765 N.W.2d 652 (Minn.App. 2009)

Larry Benjamin JOHNSON, Appellant, v. Brian Cletus CUMMISKEY, et al., Respondents. No. A08-1315.Minnesota Court of Appeals. May 26, 2009. Appeal from the District Court, Le Sueur County. Page 653 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 654 SYLLABUS Minnesota’s No-Fault Automobile […]

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HANSON v. STODOLKA, A06-1412 (Minn.App. 6-5-2007)

Floyd Louis Hanson, Appellant, v. Michelle Ann Stodolka, Defendant, and State of Minnesota, et al., intervenors, Respondents. No. A06-1412.Minnesota Court of Appeals. Filed: June 5, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § […]

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WHITTEN v. WRIGHT, 206 Minn. 423 (1939)

289 N.W. 509 HAROLD WHITTEN v. CARL J. WRIGHT.[1] No. 32,141.Supreme Court of Minnesota. December 8, 1939. [1] Reported in 289 N.W. 509. Trust — constructive trust — fraud or breach of duty of agent in purchase of land. 1. The rule that equity will impose a constructive trust upon land obtained by bad faith […]

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KLING v. ST. BARNABAS HOSPITAL, 291 Minn. 257 (1971)

190 N.W.2d 674 CHERYL KLING v. ST. BARNABAS HOSPITAL AND ANOTHER. No. 42582.Supreme Court of Minnesota. October 1, 1971. Workmen’s compensation — proceedings — notice of injury — when employer has “actual knowledge” of injury. The word “injury” as used in Minn. St. 176.141 means an injury arising out of and in the course of […]

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THOMPSON v. GEORGE E. THOMPSON CO. INC., 198 Minn. 547 (1936)

270 N.W. 694 JOHN M. THOMPSON v. GEORGE E. THOMPSON COMPANY, INC. AND ANOTHER.[1] No. 31,034.Supreme Court of Minnesota. December 24, 1936. [1] Reported in 270 N.W. 594. Workmen’s compensation act — injury arising out of and in course of employment. Relator, living at home with his parents, was employed by a corporation, the president […]

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FARR v. ARMSTRONG RUBBER CO., 288 Minn. 83 (1970)

179 N.W.2d 64 DUANE FARR AND OTHERS v. ARMSTRONG RUBBER COMPANY AND ANOTHER. Nos. 41970, 41971, 41972, 41973, 42008, 42009, 42010, 42011, 42435, 42436, 42437, 42438.Supreme Court of Minnesota. July 24, 1970. Products liability — strict liability — propriety of instructions. 1. The trial court correctly instructed the jury that before strict liability in tort […]

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ADAMS v. JOHNSON, 271 Minn. 439 (1965)

136 N.W.2d 78 GRANT ADAMS v. CHARLY G. JOHNSON AND OTHERS. No. 39,639.Supreme Court of Minnesota. June 25, 1965. Adverse possession — by cotenant in possession — showing required. 1. In order to assert ownership by adverse possession, a cotenant in possession must show not only that his occupancy is actual, open, and notorious, but […]

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IN MATTER OF SIEGEL, C3-99-1155 (Minn.App. 11-30-1999)

IN THE MATTER OF: REBECCA SIEGEL, DOB: 12/17/1971. No. C3-99-1155.Minnesota Court of Appeals. Filed November 30, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District Court, […]

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STATE v. PETERSON, A06-1226 (Minn.App. 11-27-2007)

State of Minnesota, Respondent, v. Monica Mae Peterson, Appellant. No. A06-1226.Minnesota Court of Appeals. Filed November 27, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]

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MATTILA v. MINNESOTA POWER AND LIGHT CO., 363 N.W.2d 842 (Minn.App. 1985)

Bruce D. MATTILA, Respondent, v. MINNESOTA POWER AND LIGHT COMPANY, Defendant and Third Party Plaintiff, Respondent, v. NATIONAL PAINTING SANDBLASTING, INC., Third Party Defendant, Aetna Casualty and Surety Company, Plaintiff in Intervention, Appellants, v. MINNESOTA POWER AND LIGHT COMPANY, Respondent. No. C8-84-1258.Minnesota Court of Appeals. March 12, 1985. Appeal from the District Court, St. Louis […]

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HAUGEN v. DICK THAYER MOTOR CO., 253 Minn. 199 (1958)

91 N.W.2d 585 HENRY HAUGEN AND ANOTHER v. DICK THAYER MOTOR COMPANY AND OTHERS. GEORGE HAUGEN v. OTTO SCHLIMME AND ANOTHER. Nos. 37,227, 37,231, 37,232, 37,396, 37,397, 37,480, 37,481.Supreme Court of Minnesota. July 18, 1958. Automobiles — negligence of driver — entering intersection at excessive speed — proximate cause of collision. 1. Under the circumstances […]

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CHRISTIANSON v. CHRISTIANSON, 217 Minn. 561 (1944)

15 N.W.2d 24 MARSHALL L. CHRISTIANSON v. LOIS CHRISTIANSON.[1] Nos. 33,739, 33,757.Supreme Court of Minnesota. June 9, 1944. [1] Reported in 15 N.W.2d 24. Parent and child — custody of child — considerations determining right — welfare of child. 1. The welfare of a child is the prime consideration in determining to whom its custody […]

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WATSON v. STONEWINGS ON THE LAKE, 393 N.W.2d 518 (Minn.App. 1986)

Larry WATSON, et al., Appellants, v. STONEWINGS ON THE LAKE, Respondent. No. C4-86-757.Minnesota Court of Appeals. September 30, 1986. Appeal from the District Court, Hennepin County, Robert Schumacher, J. Page 519 Syllabus by the Court 1. Failure to register a tradename with the secretary of state does not toll the statute of limitations in an […]

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IN RE DISBARMENT OF ABE RAY SEGAL, 251 Minn. 574 (1958)

87 N.W.2d 839 IN RE DISBARMENT OF ABE RAY SEGAL. No. 37,513.Supreme Court of Minnesota. February 7, 1958. Attorney and client — disbarment of attorney — conviction of subornation of perjury. Application to this court by Abe Ray Segal, attorney at law, for permission to resign and withdraw from the practice of law in the […]

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FITZGERALD v. KAISER, 194 Minn. 316 (1935)

260 N.W. 294 MINNIE FITZGERALD v. M. X. KAISER.[1] No. 30,144.Supreme Court of Minnesota. April 18, 1935. [1] Reported in 260 N.W. 294. Landlord and tenant — cropping on shares — lien of contract. Lien of cropping contract on cropper’s share of grain is not security generally for payment of damages arising from cropper’s breach […]

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STATE v. WELSH, A07-0145 (Minn.App. 6-24-2008)

State of Minnesota, Respondent, v. Clifford Lee Welsh, Appellant. No. A07-0145.Minnesota Court of Appeals. Filed June 24, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]

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STATE v. REED, A08-2042 (Minn.App. 12-29-2009)

State of Minnesota, Respondent, v. Latrez Kemon Reed, Appellant. No. A08-2042.Minnesota Court of Appeals. Filed December 29, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from District Court, […]

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STATE v. TENSLEY, A05-997 (Minn.App. 2-21-2006)

State of Minnesota, Respondent, v. Reginald S. Tensley, Appellant. No. A05-997.Minnesota Court of Appeals. Filed February 21, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District […]

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BROM v. KALMES, 304 Minn. 244 (1975)

230 N.W.2d 69 PAUL BROM v. DONALD KALMES. No. 45078.Supreme Court of Minnesota. May 23, 1975. Fences — action to obtain contribution for line fence — applicable statute — jurisdiction of court. 1. On the facts appearing, the trial court was correct in applying Minn. St. 344.03, subd. 1, to the exclusion of Minn. St. […]

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STATE EX REL. IND. SCH., ETC. v. DEPT. OF ED., 256 N.W.2d 619 (Minn. 1977)

STATE of Minnesota ex rel. INDEPENDENT SCHOOL DISTRICT NO. 276, Minnetonka, Appellant, v. DEPARTMENT OF EDUCATION of State of Minnesota, Respondent, Warren Courtland MacFarlane, Respondent. No. 47050.Supreme Court of Minnesota. July 1, 1977. Appeal from the District Court, Hennepin County, Eugene Minenko, J. Page 620 Page 621 Syllabus by the Court 1. The right of […]

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STATE v. CARMAN, A04-966 (Minn.App. 1-11-2005)

State of Minnesota, Respondent, v. Anthony Carman, Appellant. No. A04-966.Minnesota Court of Appeals. Filed January 11, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the District Court, […]

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SHANDORF v. SHANDORF, 401 N.W.2d 439 (Minn.App. 1987)

In re the Marriage of Marilyn Jane SHANDORF, petitioner, Appellant, v. George Robert SHANDORF, Respondent. No. C2-86-1518.Minnesota Court of Appeals. March 3, 1987. Appeal from the County Court, Dakota County, Lawrence L. Lenertz, J. Page 440 Syllabus by the Court 1. The trial court erred when it dismissed appellant’s petition to reopen a dissolution decree […]

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BONFE v. GUARANTY BANK SSB, A10-1631 (Minn.App. 6-20-2011)

Betty Bonfe, Relator, v. Guaranty Bank SSB, Respondent, Department of Employment and Economic Development, Respondent. No. A10-1631.Minnesota Court of Appeals. Filed June 20, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]

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