258 N.W. 13 IDA M. HIRLEMAN v. IRWIN H. NICKELS AND OTHERS.[1] No. 29,961.Supreme Court of Minnesota. December 14, 1934. [1] Reported in 258 N.W. 13. Payment — antecedent debt — payment by note — burden of proof. Mortgage — discharge of mortgage debt — giving new mortgage. 1. A promissory note given for an […]
Category: Minnesota Court Opinions
LEEGAARD v. UNIVERSAL UNDERWRITERS INS. CO., 255 N.W.2d 819 (Minn. 1977)
Jerry LEEGAARD, Respondent, v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY, defendant and third party plaintiff, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, third party defendant, Appellant. No. 46826.Supreme Court of Minnesota. June 10, 1977. Appeal from the District Court, Pope County, C. A. Rolloff, J. Page 820 Syllabus by the Court 1. The trial court did […]
SIMPSON v. AMERICAN FAMILY INS. CO., 603 N.W.2d 860 (Minn.App. 2000)
Barbara J. Simpson, et al., Appellants, vs. American Family Insurance Company, a member of the American Family Insurance Group, Madison, Wisconsin, Respondent. No. C9-99-964.Minnesota Court of Appeals. January 4, 2000. Martin County District Court, File No. C4-98-519. Affirmed, ANDERSON, Judge. Page 861 SYLLABUS A jury award for loss of future earning capacity must be exhausted […]
KINGLSEY v. PINTO, A10-1197 (Minn. 7-19-2011)
Jean Kinglsey v. Manuel R. Pinto, M.D. No. A10-1197.Supreme Court of Minnesota. Filed July 19, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
BUYSSE v. BAUMANN-FURRIE CO., 448 N.W.2d 865 (Minn. 1989)
Harry Peter BUYSSE, et al., judgment creditors, Respondents, v. BAUMANN-FURRIE COMPANY, Judgment Debtor, v. ST. PAUL FIRE MARINE INSURANCE COMPANY, judgment garnishee, Petitioner, Appellant. No. C4-88-228.Supreme Court of Minnesota. September 22, 1989. Rehearing Denied December 13, 1989. Appeal from the District Court, Lyon County, Harvey A. Holtan, J. Page 866 Syllabus by the Court 1. […]
IN MATTER OF THE FINDINGS OF ABUSE, C2-97-1143 (Minn.App. 2-3-1998)
In the Matter of the Findings of Abuse, Neglect, or Misappropriation of Property by Carol Peschong. No. C2-97-1143.Minnesota Court of Appeals. Filed February 3, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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. sec. 480A.08, […]
ANDERSON v. STATE, A06-770 (Minn. 5-30-2007)
Michelle Lynne Anderson v. State. No. A06-770.Supreme Court of Minnesota. Filed: May 30, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
STEVENS v. THIELEN, 394 N.W.2d 834 (Minn.App. 1986)
Charlotte STEVENS, et al., Appellants, v. Gregory J. THIELEN, Jr., et al., Respondents. No. C4-86-631.Minnesota Court of Appeals. October 28, 1986. Review Denied December 23, 1986. Appeal from the District Court, Mahnomen County, Warren A. Saetre, J. Syllabus by the Court Summary judgment was properly granted to the social hosts of a party because the […]
ENGELSON v. EQUITY FARMS, INC., 188 Minn. 322 (1933)
247 N.W. 223 SUMNER ENGELSON v. EQUITY FARMS, INC. AND ANOTHER.[1] No. 28,966.Supreme Court of Minnesota. March 3, 1933. [1] Reported in 247 N.W. 223. Deed — undue influence. The evidence sustains a finding that the plaintiff was induced by the individual defendants, who were his relatives and with whom he had lived in a […]
COMMISSIONER OF REVENUE v. ASSOCIATED DRY GOODS, 347 N.W.2d 36 (Minn. 1984)
The COMMISSIONER OF REVENUE, Respondent, v. ASSOCIATED DRY GOODS, INC., Relator. No. C6-83-227.Supreme Court of Minnesota. March 23, 1984. Page 37 Syllabus by the Court 1. The Tax Court’s determination that relator’s multistate business is a “unitary” business for purposes of assessing state income taxes is reasonably supported by the evidence and has a reasonable […]
HUBERS v. STATE, C6-95-2629 (Minn.App. 8-6-1996)
THOMAS HUBERS, JR., petitioner, Appellant, v. STATE OF MINNESOTA, Respondent. No. C6-95-2629.Minnesota Court of Appeals. Filed August 6, 1996. [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 (1994). Appeal from the […]
IN RE MURPHY, 737 N.W.2d 355 (Minn. 2007)
Inquiry into the Conduct of the Honorable Thomas M. MURPHY (retired). No. A06-0306.Supreme Court of Minnesota. August 23, 2007. Page 356 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 357 Syllabus by the Court 1. A public reprimand is warranted where the […]
JOHANNS v. MINNESOTA MOBILE STORAGE, INC., A05-1578 (Minn. 10-25-2006)
Craig Johanns, et al. v. Minnesota Mobile Storage, Inc. No. A05-1578.Supreme Court of Minnesota. Filed October 25, 2006. Order on Petition For Further Review Denied.
IN MATTER OF THE WELFARE OF J. S., C0-96-1891 (Minn.App. 6-24-1997)
In the Matter of the Welfare of: J. S. No. C0-96-1891.Minnesota Court of Appeals. Filed June 24, 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 District […]
MATTER OF DISCIPLINE OF BEAL, 374 N.W.2d 715 (Minn. 1985)
In the Matter of the Application for the DISCIPLINE OF James V. BEAL, an Attorney at Law of the State of Minnesota. No. C5-82-466.Supreme Court of Minnesota. October 4, 1985. William J. Wernz, Director of Lawyers Professional Responsibility, St. Paul, for appellant. Fred Allen, Minneapolis, for respondent. Heard, considered, and decided by the court en […]
IN RE WALBRIDGE v. SIMMONS, C5-00-841 (Minn.App. 10-24-2000)
IN RE THE MARRIAGE OF: GERALD GEORGE WALBRIDGE, Appellant, v. SANDRA LEE SIMMONS f/k/a SANDRA LEE WALBRIDGE, Respondent. No. C5-00-841.Minnesota Court of Appeals. Filed October 24, 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. […]
PETITIONS FOR FURTHER REVIEW FILED (Minn. 1-26-2001)
ORDERS ON PETITIONS FOR FURTHER REVIEW FILEDSupreme Court of Minnesota. JANUARY 26, 2001. 1. State v. Roxanne Marie Price C1-00-1114 Denied 2. Illinois Farmers Insurance Company v. Michael Terrance Duffy, et al. C4-00-782 Denied 3. Virginia Stansell, et al. v. City of Northfield and Target Stores C3-00-708 Denied 4. David J. Turek v. A.S.P. of […]
STATE v. ANDERSON, A07-0771 (Minn.App. 7-8-2008)
State of Minnesota, Respondent, v. Darnell Lee Anderson, Appellant. No. A07-0771.Minnesota Court of Appeals. Filed July 8, 2008. Page 1 [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 […]
HAUSER v. MEALEY, 263 N.W.2d 803 (Minn. 1978)
Paul HAUSER, Individually and as Co-Executor of the Estate of Cleo Mealey, Deceased, Appellant, v. William MEALEY, Respondent. No. 47192.Supreme Court of Minnesota. February 17, 1978. Appeal from the District Court, Cass County, John A. Spellacy, J. Page 804 Syllabus by the Court County court decisions do not have the effect of res judicata in […]
DOAN v. MEDTRONIC, INC., 560 N.W.2d 100 (Minn.App. 1997)
Phong Thi DOAN, Appellant, v. MEDTRONIC, INC., Respondent. No. C5-96-1353.Minnesota Court of Appeals. February 25, 1997. Review Denied May 14, 1997. Appeal from the Anoka County District Court, Edward Bearse, J. Page 101 Syllabus by the Court 1. When a party fails to make a motion for a new trial, appellate review is limited to […]
LAYNE MINNESOTA CO. v. TOWN OF STUNTZ, 257 N.W.2d 295 (Minn. 1977)
LAYNE MINNESOTA COMPANY, Appellant, v. TOWN OF STUNTZ, Respondent. No. 46703.Supreme Court of Minnesota. July 22, 1977. Appeal from the District Court, St. Louis County, N. S. Chanak, J. Page 296 Syllabus by the Court 1. Since the contract for the drilling of a well between Layne Minnesota Company and the town of Stuntz was […]
WILSON v. WILSON, 188 Minn. 23 (1933)
246 N.W. 476 BENJAMIN WILSON v. FANNIE WILSON.[1] No. 29,132.Supreme Court of Minnesota. January 20, 1933. [1] Reported in 246 N.W. 476. Divorce — amendment of decree as to permanent alimony. The defendant’s motion to amend the judgment of divorce in favor of her husband by allowing her an interest in the homestead property and […]
IN RE MARRIAGE OF BOURKE, C1-97-1411 (Minn.App. 4-14-1998)
In Re the Marriage of: Ramona Elizabeth Bourke, petitioner, Respondent, v. Andreas Milton Bourke, Appellant. No. C1-97-1411.Minnesota Court of Appeals. Filed April 14, 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. […]
HAGELSTAD v. USIAK, 190 Minn. 513 (1934)
252 N.W. 430 ANDREW HAGELSTAD v. MARTIN USIAK.[1] No. 29,720.Supreme Court of Minnesota. January 19, 1934. [1] Reported in 252 N.W. 430. Workmen’s compensation act — farm laborer. Relator, a farmer, engaged respondent and another to cut cordwood for his own use on his own land, but after cutting a small amount he found it […]
IN RE SAMBORSKI, 644 N.W.2d 402 (Minn. 2002)
In Re Petition for Disciplinary Action against Steve C. Samborski, an Attorney at Law of the State of Minnesota. No. C0-00-1380.Supreme Court of Minnesota. Filed: May 23, 2002. Page 403 SYLLABUS Disbarment is appropriate for attorney who misappropriated client funds, neglected client matters, made false statements to conceal the misappropriation and neglect, did not cooperate […]
IN RE PETITION, DIS. ACT. AGT. SHAUGHNESSY, 606 N.W.2d 670 (Minn. 2000)
In Re Petition for Disciplinary Action against Stephen W. Shaughnessy, an Attorney at Law of the State of Minnesota. No. C0-90-95.Supreme Court of Minnesota. Filed: February 22, 2000. ORDER PAGE, Associate Justice. There is currently pending before the court a March 3, 1999, petition for disciplinary action against respondent Stephen W. Shaughnessy, that has been […]
STATE v. PARENT, C3-98-2408 (Minn.App. 8-17-1999)
State of Minnesota, Respondent, v. Gerald Archie Parent, Appellant. No. C3-98-2408.Minnesota Court of Appeals. Filed August 17, 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 […]
EDDY v. ALDERWOODS MINNESOTA, INC., A11-735 (Minn.App. 12-5-2011)
Keith Eddy, Relator, v. Alderwoods (Minnesota), Inc., Respondent; Department of Employment and Economic Development, Respondent. No. A11-735.Minnesota Court of Appeals. Filed: December 5, 2011. Appeal from the Department of Employment and Economic Development. RECENT ORDER OPINION MICHELLE A. LARKIN, Judge. Affirmed. Page 1
IN RE THE WELFARE OF: V.D.M., 623 N.W.2d 277 (Minn.App. 2001)
In the Matter of the Welfare of: V.D.M., Child. No. C2-00-1221Minnesota Court of Appeals. Filed March 20, 2001. Hennepin County District Court, File No. J09661208 SYLLABUS. A juvenile court retains jurisdiction over an individual who has turned 21 where extended jurisdiction juvenile probation revocation proceedings were commenced before the individual’s 21st birthday and any delay […]
STATE v. LITZINGER, 394 N.W.2d 803 (Minn. 1986)
STATE of Minnesota, Respondent, v. Jeff LITZINGER, Petitioner, Appellant. No. C2-86-370.Supreme Court of Minnesota. October 24, 1986. Appeal from the District Court, Polk County, Russell Anderson, J. Syllabus by the Court Record does not justify upward durational departures from presumptive concurrent sentences obtained using so-calle Hernandez method of computing defendant’s criminal history score. C. Paul […]
RUUD v. RUUD, 380 N.W.2d 765 (Minn. 1986)
Diane M. RUUD, n.k.a. Diane M. Coppens, petitioner, Appellant, v. Charles A. RUUD, Respondent. No. C9-84-2015.Supreme Court of Minnesota. January 31, 1986. Appeal from the County Court, Itasca County, William J. Spooner, J. Page 766 Syllabus by the Court Without regard to the parties’ designation of post-decree payments as spousal maintenance, where the payments are […]
ALL LEASE CO., INC. v. PETERS, 424 N.W.2d 320 (Minn.App. 1988)
ALL LEASE CO., INC., Respondent, v. Joseph B. PETERS, individually and d/b/a Four Aces Distributing, et al., Respondents, Melvin J. DOYLE, et al., Defendants and Third-Party Plaintiffs, Petitioners, v. AIR CONTROL EQUIPMENT COMPANY, et al., Third-Party Defendants, and Michael David, et al., d/b/a Shadetree Plastics Enterprise, Richard Girouard, et al., Robert Kohs, et al., d/b/a […]
STEPHENS v. COMMR. OF PUBLIC SAFETY, C9-98-503 (Minn.App. 9-1-1998)
Brian Paul Stephens, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. C9-98-503.Minnesota Court of Appeals. Filed September 1, 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 […]
LUETH v. CITY OF GLENCOE, 639 N.W.2d 613 (Minn.App. 2002)
Daniel John Lueth, Respondent, vs. City of Glencoe, Appellant. No. C1-01-913.Minnesota Court of Appeals. Filed: February 6, 2002. Appeal from the District Court, McLeod County, L. W. Yost, J, File No. C000783. Page 614 SYLLABUS 1. When an employee of a public employer moves to compel arbitration under the Uniform Arbitration Act, Minn. Stat. §§ […]
VIGOREN v. JOSEPH CATERING AND FREMONT COMP., 667 N.W.2d 108 (Minn. 2003)
Sandra M. Vigoren, Relator, vs. Joseph Catering and Fremont Compensation Insurance Group, Respondents. No. A03-377.Supreme Court of Minnesota. Filed: August 7, 2003. Raymond R. Peterson, McCoy, Peterson Jorstad, for Relator. Page 109 Timothy P. Eclov, Johnson Condon, PA, for Respondents. Considered and decided by the court en banc. ORDER Based upon all the files, records […]
STATE v. BAUER, A07-1836 (Minn. 10-20-2009)
State v. Jeffrey A. Bauer. No. A07-1836.Supreme Court of Minnesota. Filed October 20, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
NORTH STAR MUTUAL INSU. CO. v. SPARBY, A09-815 (Minn.App. 1-5-2010)
North Star Mutual Insurance Company, Appellant, v. James Sparby, et al., Respondents, David Sparby, Respondent. No. A09-815.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. […]
AHIGGINS v. J.C. PENNEY CAS. INS. CO., 388 N.W.2d 429 (Minn.App. 1986)
Geraldine HIGGINS, on Behalf of and as Guardian of Dennis HIGGINS; Geraldine Higgins, individually; and Vernon Higgins, Appellants, v. J.C. PENNEY CASUALTY INSURANCE COMPANY, Respondents. No. C5-85-1745.Minnesota Court of Appeals. June 10, 1986. Review Denied August 13, 1986. Appeal from the District Court, Stearn County, Paul Hoffman, J. Syllabus by the Court Parents have no […]
BENCHMARK CRAFTERS v. NORTHWESTERN NAT. INS., 363 N.W.2d 89 (Minn.App. 1985)
BENCHMARK CRAFTERS, INC. d.b.a. Princess Toys, Respondent, v. NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, Appellant. No. C4-84-1614.Minnesota Court of Appeals. February 19, 1985. Review Denied May 1, 1985. Appeal from the District Court, Goodhue County, Robert J. Breuning, J. Page 90 Syllabus by the Court The findings of the trial court are not supported by […]
IN RE ESTATE OF CRAVENS, 177 Minn. 437 (1929)
225 N.W. 398 IN RE ESTATE OF TENNIE CRAVENS.[1] No. 27,283.Supreme Court of Minnesota. May 10, 1929. [1] Reported in 225 N.W. 398. Under the present statute to be valid a will need not be signed at the bottom or end by the testator. Under G. S. 1923 (2 Mason, 1927) § 8735, a will […]
SAUBER v. NORTHLAND INS. CO., 251 Minn. 237 (1958)
87 N.W.2d 591 NELENA SAUBER, SPECIAL ADMINISTRATRIX SUBSTITUTED FOR J. E. SAUBER, v. NORTHLAND INSURANCE COMPANY. Nos. 37,216, 37,225.Supreme Court of Minnesota. January 10, 1958. Evidence — admissibility — telephone conversation. 1. Foundation for admission of telephone conversations may be established by showing recognition of voice. Identity may also be established by other surrounding facts […]
STATE v. BISHIR, 291 Minn. 459 (1971)
192 N.W.2d 815 STATE v. CHARLES TIMOTHY BISHIR. No. 42389.Supreme Court of Minnesota. December 3, 1971. Criminal law — receiving stolen property — conviction as accomplice — sufficiency of evidence. From the record it appears that the evidence amply supports the conviction of defendant as an accomplice in the crime of receiving or concealing stolen […]
MORRIS v. PENN MUTUAL LIFE INS. CO., 196 Minn. 403 (1936)
265 N.W. 278 HOMER MORRIS, SPECIAL ADMINISTRATOR, SUBSTITUTED FOR MARGARET A. YOUNG, DECEASED, v. PENN MUTUAL LIFE INSURANCE COMPANY.[1] No. 30,692.Supreme Court of Minnesota. February 7, 1936. [1] Reported in 265 N.W. 278. Corporation — foreign corporation — expiration of license to do business — right to foreclose mortgage by advertisement. 1. Defendant, a foreign […]
STATE v. XAYAVONG, C9-99-1631 (Minn.App. 8-15-2000)
State of Minnesota, Respondent, vs. Vinath Xayavong, Appellant. No. C9-99-1631.Minnesota Court of Appeals. Filed August 15, 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 the District Court, […]
ST. LOUIS PARK INV. v. R.L. JOHNSON INV., 411 N.W.2d 288 (Minn.App. 1987)
ST. LOUIS PARK INVESTMENT CO., Appellant, v. R.L. JOHNSON INVESTMENT COMPANY, INC., Respondent. No. C5-87-731.Minnesota Court of Appeals. September 1, 1987. Appeal from the District Court, Hennepin County, Peter J. Lindberg, J. Page 289 Syllabus by the Court The trial court did not err in granting respondent’s motion for summary judgment. Irwin Ketroser, Minneapolis, for […]
FUNCHESS v. CECIL NEWMAN CORPORATION, 615 N.W.2d 397 (Minn.App. 2000)
Janice Funchess, Trustee for the Heirs of J.W. Haynes, decedent, Appellant, vs. Cecil Newman Corporation et al., Respondents. No. No. C8-00-90.Minnesota Court of Appeals. Filed August 8, 2000. Appeal from the Hennepin County District Court, File No. 9720852. Page 398 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]
WEYERHAEUSER CO. v. TWIN CITY MILLWORK CO., 291 Minn. 293 (1971)
191 N.W.2d 401 WEYERHAEUSER COMPANY v. TWIN CITY MILLWORK COMPANY AND OTHERS. WATSON CONSTRUCTION COMPANY AND ANOTHER, APPELLANTS. No. 42671.Supreme Court of Minnesota. October 15, 1971. Bonds — public contractor’s bond — coverage — right of remote supplier of doors required under prime contract. 1. A business concern which agreed to furnish a prime contractor […]
BETTIN v. BETTIN, A05-954 (Minn. 5-16-2006)
Kenneth Bettin v. Chad Bettin, et al. No. A05-954.Supreme Court of Minnesota. Filed May 16, 2006. Order on petition for further review. Denied.
POWERS v. STATE, C6-02-593 (Minn.App. 10-8-2002)
Robert Lee Powers, petitioner, Appellant, v. State of Minnesota, Respondent. No. C6-02-593.Minnesota Court of Appeals. Filed October 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 (2000). Appeal from the […]
JOHNSON v. CHRISTLIEB, 178 Minn. 9 (1929)
225 N.W. 927 CHESTER W. JOHNSON v. I. C. CHRISTLIEB.[1] No. 27,222.Supreme Court of Minnesota. June 21, 1929. [1] Reported in 225 N.W. 927. When stockholder estopped from pleading deceit in obtaining his subscription to stock. 1. On its records and for more than four years, defendant had been a stockholder and director of company […]
IN RE ESTATE OF ERICKSON, 187 Minn. 650 (1932)
245 N.W. 688 IN RE ESTATE OF GUSTAF EMIL ERICKSON ERNEST A. SPONGBERG AND OTHERS v. CHRISTINE LIDSTROM AND OTHERS.[1] No. 29,086.Supreme Court of Minnesota. December 2, 1932. [1] Reported in 245 N.W. 636, 247 N.W. 679. Army and navy — war risk insurance. A soldier, holding a war risk insurance certificate for $10,000, wherein […]
STATE v. V.A.J., A07-71 (Minn. 4-15-2008)
State v. V.A.J. No. A07-71.Supreme Court of Minnesota. Filed: April 15, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted/Stayed Page 1
SINGSIME v. BEST FRIENDS ANIMAL SANCTUARY, C5-00-502 (Minn.App. 8-22-2000)
Richard Singsime, Relator, v. Best Friends Animal Sanctuary, Respondent, Commissioner of Economic Security, Respondent. No. C5-00-502.Minnesota Court of Appeals. Filed August 22, 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 […]
REHM v. TLOUGAN, C0-01-2099 (Minn.App. 5-28-2002)
Ronald E. Rehm, et al., Appellants, v. Romeo J. Tlougan, et al., Respondents. No. C0-01-2099.Minnesota Court of Appeals. Filed May 28, 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, sub. 3 (2000). […]
STATE v. MEIER, 355 N.W.2d 326 (Minn.App. 1984)
STATE of Minnesota, Respondent, v. Robert H. MEIER, Appellant. No. C0-84-721.Minnesota Court of Appeals. October 2, 1984. Appeal from the Municipal Court, Ramsey County, Joanne M. Smith, J. Syllabus by the Court The trial court did not err in permitting amendment to a traffic charge immediately prior to trial. Page 327 Hubert H. Humphrey, III, […]
CROSBY v. THE CRESCENT OIL CO., 192 Minn. 98 (1934)
255 N.W. 853 JOHN CROSBY, JR. AND ANOTHER v. THE CRESCENT OIL COMPANY OF MINNESOTA.[1] No. 29,769.Supreme Court of Minnesota. June 22, 1934. [1] Reported in 255 N.W. 853. Evidence — parol evidence contradicting writing. 1. The parol evidence rule prohibits proof of a contemporaneous parol agreement in contradiction of the terms which have been […]
CONCRETE v. BEUTEL, A09-1547 (Minn.App. 7-13-2010)
Kevin Breyer Concrete, Inc., Respondent, v. Dawn Lynn Beutel, Defendant, Douglas James Beutel, Appellant. Nos. A09-1547, A09-1727.Minnesota Court of Appeals. Filed July 13, 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. […]
HALTER v. UNIV. OF MINN. BD. OF REGENTS, 410 N.W.2d 50 (Minn.App. 1987)
Alice M. HALTER, et al., Appellants, v. BOARD OF REGENTS OF the UNIVERSITY OF MINNESOTA, et al., Respondents. No. C0-86-2229.Minnesota Court of Appeals. August 4, 1987. Appeal from the Hennepin County District Court, Robert Forsythe, J. Syllabus by the Court Even though dismissal under Rule 41.02 is discretionary, trial courts must adhere to specific guidelines […]
SWANSON v. AMERICAN HARDWARE MUT. INS. CO., 359 N.W.2d 705 (Minn.App. 1984)
Robert P. SWANSON and Vela Swanson, individually and d.b.a. Smilin’ Bobs Trucking, Inc., Appellants, v. AMERICAN HARDWARE MUTUAL INSURANCE COMPANY, Defendant, General Adjustment Bureau, Inc., Respondent. No. C0-84-1268.Minnesota Court of Appeals. December 24, 1984. Review Denied March 6, 1985. Appeal from the District Court, Hennepin County, Neil A. Riley, J. Page 706 Syllabus by the […]
STATE EX REL. LARSEN v. RAMSTAD-HVASS, CX-00-1080 (Minn.App. 10-3-2000)
State of Minnesota, ex rel. Chance Ute Larsen, Appellant, vs. Sheryl Ramstad-Hvass, Commissioner of Corrections, Respondent. No. CX-00-1080Minnesota Court of Appeals. Filed October 3, 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, […]
ROBERTSON v. FINISHERS, 300 Minn. 561 (1974)
220 N.W.2d 489 DENNIS P. ROBERTSON v. PARK BRICK FINISHERS AND ANOTHER. No. 44665.Supreme Court of Minnesota. July 26, 1974. Workmen’s compensation — review — causal relationship between accident and disability — conflict in experts’ testimony. Certiorari upon the relation of Park Brick Finishers, employer, and Western Casualty and Surety Company, its insurer, to review […]
STATE v. MUNOZ, C1-98-2052 (Minn.App. 7-13-1999)
State of Minnesota, Respondent, v. Jorge Clabero Munoz, Appellant. No. C1-98-2052.Minnesota Court of Appeals. Filed July 13, 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 […]
IRWIN v. SURDYK’S LIQUOR, 599 N.W.2d 132 (Minn. 1999)
John Irwin, Relator, v. Surdyk’s Liquor and American Compensation Insurance/RTW, Inc., Respondents, and Craig L. Frisch, Relator, v. S S Carpet Designs and State Farm Insurance Company, Respondents. No. C6-99-95, CX-99-178.Supreme Court of Minnesota. Filed: September 2, 1999. Appeal from Workers’ Compensation Court of Appeals. Page 133 Syllabus 1. The attorney fee provisions of Minn.Stat. […]
ALBRECHT v. SELL, 260 Minn. 566 (1961)
110 N.W.2d 895 ALTON ALBRECHT v. ALFRED SELL. No. 38,414.Supreme Court of Minnesota. August 25, 1961. Venue — right to remand — waiver — constructive notice of amendment to statute. Every party to an action is charged with constructive notice of the venue statutes and their amendments. By serving and filing a note of issue […]
STATE EX REL. HEINEMANN v. MILLER, 187 Minn. 152 (1932)
244 N.W. 685 STATE EX REL. ARTHUR J. HEINEMANN v. JAMES AND RUTH MILLER.[1] No. 29,027.Supreme Court of Minnesota. October 14, 1932. [1] Reported in 244 N.W. 685. Parent and child — custody of child. Normally a parent has the right to the custody of a child, and the burden is on anyone contesting that […]
GORES v. SCHULTZ, 777 N.W.2d 522 (Minn.App. 2009)
Martin H. GORES, et al., Respondents, v. Joshua SCHULTZ, et al., Defendants, JP Morgan Chase Bank, et al., Appellants. No. A09-187.Minnesota Court of Appeals. December 29, 2009. Appeal from the District Court, Scott County, Mary J. Theisen, J. Page 523 SYLLABUS by the Court 1. A mortgagee may claim that a competing mortgage against the […]
THE MAYTAG CO. v. COMMISSIONER OF TAXATION, 218 Minn. 460 (1944)
17 N.W.2d 37 THE MAYTAG COMPANY v. COMMISSIONER OF TAXATION.[1] No. 33,873.Supreme Court of Minnesota. November 17, 1944. [1] Reported in 17 N.W.2d 37. Taxation — income tax — taxability and situs of sales made in state through, from, or by branch office of foreign corporation. 1. Under Mason St. 1940 Supp. § 2394-25(A) (2),[2] […]
RAMOS v. TIEFHOCH CONTRACTING, INC., 706 N.W.2d 911 (Minn. 2006)
Kleber RAMOS, Respondent, v. TIEFHOCH CONTRACTING, INC., Uninsured, Relator, and Hennepin Faculty Associates, Intervenor, and State Treasurer, Custodian of the Special Compensation Fund. No. A05-1842.Supreme Court of Minnesota. December 22, 2005. Rehearing Denied January 26, 2006. Hon. William R. Pederson, Workers Compensation Court of Appeals. Lawrence C. Miller, Minneapolis, MN, for relator. James E. Lindell, […]
WARREN v. DRISCOLL, 186 Minn. 1 (1932)
242 N.W. 346 LAWRENCE WARREN AND ANOTHER v. F. J. DRISCOLL AND ANOTHER.[1] No. 28,477.Supreme Court of Minnesota. April 15, 1932. [1] Reported in 242 N.W. 346. Landlord and tenant — farm lease — waiver by lessor of right of forfeiture. 1. Equity disfavors the forfeiture of a lessee’s interest in a farm lease upon […]
CONRADSON v. VINKEMEIER, 235 Minn. 537 (1952)
51 N.W.2d 651 ALVINA REBECCA CONRADSON v. LLOYD VINKEMEIER AND ANOTHER. WILLARD CONRADSON v. SAME.[1] Nos. 35,582, 35,583.Supreme Court of Minnesota. February 1, 1952. [1] Reported in 51 N.W.2d 651. Automobile — contributory negligence of driver — failure to approach hill crest at reduced speed — proximate cause of accident. 1. Failure to approach a […]
WESTERN NAT. INS. CO. v. THOMPSON, 781 N.W.2d 412 (Minn.App. 2010)
WESTERN NATIONAL INSURANCE COMPANY, Appellant, v. Bruce THOMPSON, et al., Respondents. No. A09-1506.Minnesota Court of Appeals. May 4, 2010. Appeal from the District Court, Hennepin County, William R. Howard, J. SYLLABUS 1. A no-fault automobile insurer may require an insured who makes a claim under the policy to submit to an examination under oath, as […]
STATE v. GRABOW, A06-33 (Minn.App. 3-20-2007)
State of Minnesota, Respondent, v. Andrue T. Grabow, Appellant. No. A06-33.Minnesota Court of Appeals. Filed March 20, 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 […]
SORENSEN v. P. H. THOMPSON SON, 248 Minn. 280 (1956)
79 N.W.2d 673 JENS SORENSEN v. P. H. THOMPSON SON AND ANOTHER. No. 36,756.Supreme Court of Minnesota. November 30, 1956. Workmen’s compensation — proceedings — review — findings of Industrial Commission. 1. It is the function of this court on appeal from a decision of the Industrial Commission to determine whether the evidence is such […]
YESS v. FERCH, 213 Minn. 593 (1942)
5 N.W.2d 641 JOSEPH YESS v. MICHAEL FERCH.[1] No. 33,379.Supreme Court of Minnesota. September 17, 1942. [1] Reported in 5 N.W.2d 641. Application to this court by order to show cause upon the relation of Michael Ferch for a peremptory writ o mandamus to compel the district court for Polk county and the Honorable James […]
JACKSON v. STATE, A05-2034 (Minn. 10-17-2006)
Tony DeJuan Jackson v. State. No. A05-2034.Supreme Court of Minnesota. October 17, 2006. Denied.
STATE v. HOLLINS, A07-350 (Minn. 8-5-2008)
State v. Jimmy Wade Hollins. No. A07-350.Supreme Court of Minnesota. Filed: August 5, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
KUIAWINSKI v. PALM GARDEN BAR, 392 N.W.2d 899 (Minn.App. 1986)
Dawn KUIAWINSKI and Tyrel Kuiawinski, a minor, appearing by his natural guardian, Dawn Kuiawinski, Respondents, v. PALM GARDEN BAR, Appellant, and Lawrence Lake American Legion Post No. 476, Respondent. No. CO-86-447.Minnesota Court of Appeals. September 2, 1986. Review Denied October 29, 1986. Page 900 Syllabus by the Court 1. When construing statutes, the courts are […]
WEIDNER’S PLUMBING HEATING v. STEARNS MFG. CO., 308 Minn. 455 (1976)
241 N.W.2d 649 WEIDNER’S PLUMBING HEATING v. STEARNS MANUFACTURING COMPANY. No. 45802.Supreme Court of Minnesota. April 16, 1976. New trial — grounds — inattention of trial court. Action in the Benton County District Court to foreclose a mechanics lien for labor and materials allegedly furnished to defendant, Stearns Page 456 Manufacturing Company. After findings for […]
LaFOND v. SCZEPANSKI, 273 Minn. 293 (1966)
141 N.W.2d 485 GAYLE LaFOND v. FRANK SCZEPANSKI. No. 39,749.Supreme Court of Minnesota. March 11, 1966. Appeal and error — review — order denying motion to vacate judgment. Upon detailed examination of the record it is held that an order of the district court denying a motion to vacate a judgment, if reviewable, was not […]
IN RE SMITH v. SMITH, C2-00-781 (Minn.App. 9-19-2000)
In Re the Marriage of: Bradley R. Smith, petitioner, Appellant, v. Rebecca J. Smith, Respondent. No. C2-00-781.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. […]
STATE v. JACKSON, C2-99-353 (Minn.App. 8-3-1999)
STATE OF MINNESOTA, Respondent, v. TAHSHA PATRICE JACKSON, Appellant. No. C2-99-353.Minnesota Court of Appeals. Filed August 3, 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 […]
KELLY v. ELLEFSON, A04-615 (Minn. 5-17-2005)
Kevin Kelly, et al. v. Jason Ellefson, Supreme Transport Services, LLC, et al. No. A04-615.Supreme Court of Minnesota. May 17, 2005. Order on petition for further review Granted.
COMPLAINT CONCERNING WINTON, 350 N.W.2d 337 (Minn. 1984)
Complaint Concerning The Honorable Robert Crane WINTON, Jr., Judge of District Court, Hennepin County, State of Minnesota. No. C8-83-150.Supreme Court of Minnesota. May 25, 1984. Page 338 Kelton Gage and Stephen P. Rolfsrud, Mankato, for petitioner. Peter Thompson, Minneapolis, John McNulty, St. Paul, Joseph S. Friedberg, Minneapolis, for respondent. Abby Rubenfeld, Christopher T. Lamal, New […]
COMMERCIAL ASSOC. v. WORK CONNECTION, 712 N.W.2d 772 (Minn.App. 2006)
COMMERCIAL ASSOCIATES, INC., Respondent (A05-862), Appellant (A05-871), v. The WORK CONNECTION, INC., Appellant (A05-862), Respondent (A05-871). Nos. A05-862, A05-871.Minnesota Court of Appeals. April 18, 2006. Appeal from the Ramsey County District Court, M. Michael Monahan, J. Page 773 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]
IN RE ESTATE OF McDANIEL, 221 Minn. 297 (1946)
22 N.W.2d 8 IN RE ESTATE OF SARAH JANE McDANIEL. JOHN D. BOWEN v. W. E. McDANIEL.[1] No. 34,102.Supreme Court of Minnesota. March 1, 1946. [1] Reported in 22 N.W.2d 8. Will — probate — proceedings on appeal — parties — administrator. 1. Where an administrator is conceded to have an interest in the question […]
STATE v. RICE, A07-1559 (Minn.App. 9-30-2008)
State of Minnesota, Respondent, v. Michael John Rice, Appellant. No. A07-1559.Minnesota Court of Appeals. Filed September 30, 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 […]
DENTINGER v. ULEBERG, 171 Minn. 81 (1927)
213 N.W. 377 CLARENCE DENTINGER v. IVAR ULEBERG.[1] No. 25,875.Supreme Court of Minnesota. April 8, 1927. [1] Reported in 213 N.W. 377. Questions for the jury. 1. Plaintiff, riding a bicycle, was injured by defendant’s automobile driven by his son. The negligence of the latter as well as the contributory negligence of the former were, […]
LUNDEEN v. KAPLAN PAPER BOX CO., 196 Minn. 100 (1936)
264 N.W. 435 HANNAH E. LUNDEEN v. KAPLAN PAPER BOX COMPANY AND OTHERS.[1] No. 30,552.Supreme Court of Minnesota. January 10, 1936. [1] Reported in 264 N.W. 435. Workmen’s compensation act — injury arising out of and in course of employment. The evidence supports the decision of the industrial commission that relator’s deceased met his death […]
GREENE v. FREEMAN, 173 Minn. 622 (1928)
217 N.W. 485 GEORGE E. GREENE v. E.B. FREEMAN.[1] No. 26,322.Supreme Court of Minnesota. January 20, 1928. [1] Reported in 217 N.W. 485. Verdict on conflicting evidence sustained on appeal. Verdict of $1,000 for personal injury, where evidence of negligence of automobile driver and contributory negligence of plaintiff was conflicting, sustained. [Reporter] Appeal and Error, […]
DURBIN v. SAYLOR, A06-866 (Minn.App. 5-15-2007)
David Michael Durbin, petitioner, Respondent, v. Janeen Renee Saylor, f/k/a Janeen Renee Durbin, Appellant. No. A06-866.Minnesota Court of Appeals. Filed: May 15, 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 […]
GREAT WEST CASUALTY v. CAROLINA CASUALTY INS., A05-1619 (Minn. 8-23-2006)
Great West Casualty Company v. Carolina Casualty Insurance Company, Select Transportation, Inc., d/b/a MM Trucking, et al., Renee Vance as Successor Trustee to Carrielee Perez, Trustee for the heirs and next of kin of Kevin Vance. No. A05-1619, A05-1773 and A05-1804.Supreme Court of Minnesota. August 23, 2006. Denied.
STATE v. JOHNSON, 256 N.W.2d 280 (Minn. 1977)
STATE of Minnesota, Respondent, v. Andrew JOHNSON, a.k.a. Andre Brown, Appellant. No. 45955.Supreme Court of Minnesota. July 1, 1977. Appeal from the District Court, Hennepin County, David R. Leslie, J. Page 281 Syllabus by the Court 1. Upon defendant’s appeal from a conviction of first-degree murder seeking a new trial upon the assertion that at […]
ALLEN v. NESSLER, 247 Minn. 230 (1956)
76 N.W.2d 793 CARL ALLEN, JR., v. WILLIAM NESSLER. No. 36,752.Supreme Court of Minnesota. May 4, 1956. Conflict of laws — survival of action for personal injuries on death of tortfeasor — law determining. Executors and administrators — action for personal injuries — survival on death of tortfeasor. Where a cause of action for personal […]
STATE v. WOOTEN, A06-1288 (Minn.App. 10-24-2007)
State of Minnesota, Respondent, v. Ras D. Wooten, Appellant. No. A06-1288.Minnesota Court of Appeals. Filed: October 24, 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 […]
VOIGHT v. RETTINGER TRANSP., INC., 306 N.W.2d 133 (Minn. 1981)
Paul C. VOIGHT, Relator, v. RETTINGER TRANSPORTATION, INC., et al., Respondents, and Hennepin County Welfare Department, Relator. No. 51373.Supreme Court of Minnesota. June 5, 1981. Page 134 Syllabus by the Court 1. The exclusionary clause contained in Minn.Stat. § 176.011, subd. 16 (1980) is inapplicable to this case as the shooting was neither intentional nor […]
STATE v. CEPEDA, 588 N.W.2d 747 (Minn.App. 1999)
State of Minnesota, Respondent, vs. Gerald Nicolas Cepeda, Appellant. No. C4-98-1011Minnesota Court of Appeals. January 26, 1999. Appeal from the District Court, Hennepin County, Philip D. Bush, J. Page 748 Syllabus by the Court A beer bottle thrown with sufficient force to break when it struck the victim’s head is a “dangerous weapon” within the […]
PETITIONS FOR FURTHER REVIEW FILED (Minn. 6-19-2001)
ORDERS ON PETITIONS FOR FURTHER REVIEW FILEDSupreme Court of Minnesota. JUNE 19, 2001. 1. State v. Dana Jeffrey Baskett C6-00-931 Denied 2. Steven R. Odenthal v. Minnesota Conference C1-01-278 Denied of Seventh-Day Adventists and C4-01-291 3. State v. Ryan Mark Mussehl C5-00-712 Denied 4. Paul Richard Wingo v. Commissioner of Public C6-00-1674 Denied Safety 5. […]
GENSLER v. PAULSON, A04-609 (Minn.App. 1-25-2005)
Martin Gensler, Respondent, v. James L. Paulson, Appellant. No. A04-609.Minnesota Court of Appeals. Filed January 25, 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, […]
CITY OF ST. PAUL v. SPENCER, 497 N.W.2d 305 (Minn.App. 1993)
CITY OF ST. PAUL, Petitioner, Appellant, v. Linda May SPENCER, et al., Respondents (CO-92-1381), Lee Lenore’s Sauna, et al., Respondents (C2-92-1382), The Speakeasy, et al., Respondents (C4-92-1383), The Emporium, et al., Respondents (C6-92-1384), Como Rice Health Club, et al., Respondents (CX-92-1632). Nos. C0-92-1381, C2-92-1382, C4-92-1383, C6-92-1384, CX-92-1632.Minnesota Court of Appeals. March 9, 1993. Review Denied […]
HASTINGS v. FIREMAN’S FUND INS. COMPANIES, 404 N.W.2d 374 (Minn.App. 1987)
Laurie A. HASTINGS, individually and as trustee for the heirs and next of kin of Roy J. Carlson, deceased, Appellant, v. FIREMAN’S FUND INSURANCE COMPANIES, d.b.a. Associates Indemnity Corporation, Respondent. No. C8-86-1927.Minnesota Court of Appeals. April 28, 1987. Appeal from the District Court, Hennepin County, O. Harold Odland, J. Syllabus by the Court The trial […]