228 N.W. 442 C. E. FREEMAN v. MORRIS CONSTRUCTION COMPANY AND ANOTHER.[1] No. 27,291.Supreme Court of Minnesota. December 27, 1929. [1] Reported in 228 N.W. 442. Exception to general rule as to change of venue. 1. In actions against sureties upon public contractor’s bonds commenced in the county wherein the construction work is located the […]
Category: Minnesota Court Opinions
STATE v. CARR, A05-2023 (Minn.App. 1-30-2007)
STATE OF MINNESOTA, Respondent, v. NATHAN WAYNE CARR, Appellant. No. A05-2023.Minnesota Court of Appeals. Filed January 30, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
LEEK v. AMERICAN EXPRESS PROPERTY CAS., 591 N.W.2d 507 (Minn.App. 1999)
Mary Leek, Respondent, v. American Express Property Casualty, Appellant. No. C7-98-1911.Minnesota Court of Appeals. Decided April 6, 1999. Appeal from Hennepin County District Court, File No. CT989959. Page 508 SYLLABUS Under Minn. R. No-Fault Arb. 38, a party seeking to initiate an action in district court to vacate a no-fault arbitration award must serve process […]
BERG v. BERG, 201 Minn. 179 (1937)
275 N.W. 836 ALBERT BERG AND OTHERS v. ALFREDA BERG. ELFRIDA BERG v. FARMERS SECURITY STATE BANK OF ZUMBROTA AND ANOTHER.[1] Nos. 31,318, 31,319.Supreme Court of Minnesota. November 5, 1937. [1] Reported in 275 N.W. 836. Fraud — presumptions and burden of proof. 1. Neither fraud nor undue influence is presumed, but must be proved, […]
MALAND v. C.I.R., 331 N.W.2d 486 (Minn. 1983)
Shirlee MALAND, as personal representative of the Estate of Thilmer J. Maland, Relator, v. The COMMISSIONER OF REVENUE, Respondent. No. C4-82-927.Supreme Court of Minnesota. April 1, 1983. Syllabus by the Court 1. There is a presumption in favor of the constitutionality of any tax. 2. This court will not find that a differentiation between residents […]
STATE v. LARSON, 254 N.W.2d 380 (Minn. 1977)
STATE of Minnesota, Appellant, v. Terry Joe LARSON, Respondent. No. 47400.Supreme Court of Minnesota. May 13, 1977. Appeal from the District Court, Blue Earth County, Miles B. Zimmerman, J. Warren Spannaus, Atty. Gen., St. Paul, David J. Twa, Asst. County Atty., Mankato, for appellant. Charles A. Adamson, Mankato, for respondent. Considered and decided by the […]
STATE v. MARTINEZ, C2-03-360 (Minn.App. 1-20-2004)
State of Minnesota, Respondent, v. Valentine Estrada Martinez, Appellant. No. C2-03-360.Minnesota Court of Appeals. Filed January 20, 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 from the District […]
WILLIAMS v. The DOW CHEMICAL CO., 415 N.W.2d 20 (Minn.App. 1987)
James Malcolm WILLIAMS, Appellant, v. The DOW CHEMICAL COMPANY, et al. Respondents, E.E. “Pete” Parranto, et al., Defendants, Q Petroleum Corporation, et al., Liberty State Bank, et al. No. C2-87-1111.Minnesota Court of Appeals. November 3, 1987. Appeal from the District Court, Hennepin County, Robert H. Schumacher, J. Page 21 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]
HOEMBERG v. WATCO PUBLISHERS, INC., 343 N.W.2d 676 (Minn.App. 1984)
Mark A. HOEMBERG and Ronald R. Weishalla, Relators, v. WATCO PUBLISHERS, INC., Respondent. No. C6-83-1166.Minnesota Court of Appeals. February 1, 1984. Appeal from the Commissioner of Economic Security. Page 677 Syllabus by the Court 1. Employees’ actions in leaving the premises without notifying the manager did not constitute such misconduct as to disqualify claimants from […]
ST. PAUL v. DRUG PARAPHERNALIA, 474 N.W.2d 413 (Minn.App. 1991)
CITY OF ST. PAUL, Respondent, v. VARIOUS ITEMS OF DRUG PARAPHERNALIA, Defendant, Kawaljit Bhatia, Appellant. No. C9-90-2735.Minnesota Court of Appeals. August 27, 1991. Appeal from the District Court, Ramsey County, Edward S. Wilson, J. Page 414 Syllabus by the Court 1. Minn.Stat. § 152.01, subd. 18 (1982), the definition of drug paraphernalia, necessarily incorporates a […]
TONKAWAY LTD. PARTNERSHIP v. McLAIN, 433 N.W.2d 443 (Minn.App. 1988)
TONKAWAY LIMITED PARTNERSHIP, Respondent, v. Joyce McLAIN, Appellant. No. C5-88-2229.Minnesota Court of Appeals. December 20, 1988. Appeal from the District Court, Hennepin County, William Christensen, J. Syllabus by the Court Order denying motion to vacate judgment of restitution or for new trial in unlawful detainer matter is not appealable. David Van House, Adams, Cesario Atkinson, […]
LUBINSKI v. BROS., INC., 270 N.W.2d 874 (Minn. 1978)
Edward LUBINSKI, Respondent, v. BROS, INC., Employer, American Home Assurance, Respondent, Insurance Company of North America, Relator, State Treasurer, Custodian of the Special Compensation Fund, Respondent. No. 48150.Supreme Court of Minnesota. July 28, 1978. Page 875 Mahoney, Dougherty Mahoney and Gary C. Reiter, Minneapolis, for relator. John Wallraff, Compensation Atty., Minneapolis, for respondent Lubinski. Cousineau, […]
NEGAARD v. MILLER CONST. CO., 396 N.W.2d 833 (Minn.App. 1986)
James T. NEGAARD, Appellant, v. MILLER CONSTRUCTION COMPANY, Respondent. No. C4-86-581.Minnesota Court of Appeals. November 25, 1986. Review Denied January 21, 1987. Appeal from the District Court, Stearns County, Richard Ahles, J. Page 834 Syllabus by the Court 1. Eleven percent interest rate was not usurious because transactions of $100,000 or more are excepted from […]
CRAIGMYLE v. MINN. HOUSEKEEPING SERV., A10-1078 (Minn.App. 2-22-2011)
Anne Craigmyle, Relator, v. Minnesota Housekeeping Services, LLC, Respondent, Department of Employment and Economic Development, Respondent. No. A10-1078.Minnesota Court of Appeals. Filed February 22, 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, […]
BARNSDALL REFINING CORP. v. RANGE ICE FUEL CO., 209 Minn. 266 (1941)
296 N.W. 410 BARNSDALL REFINING CORPORATION v. RANGE ICE FUEL COMPANY, INC. AND OTHERS.[1] No. 32,470.Supreme Court of Minnesota. January 24, 1941. [1] Reported in 296 N.W. 410. Case followed. Replevin in the district court for St. Louis county against the Range Ice Fuel Company, Inc., Jonas O. Johnson, and others. After findings for plaintiff, […]
STATE v. FLOWERS, 262 Minn. 164 (1962)
114 N.W.2d 78 STATE v. HUGH EDWARD FLOWERS. No. 38,288.Supreme Court of Minnesota. March 16, 1962. Criminal law — trial — denial of criminal propensity — propriety of cross-examination as to unrelated crimes. Defendant in a prosecution for assault does not put his character in issue by a sweeping denial, on direct examination, of his […]
CHENEY v. RAPID RECOVERY INC., A09-1090 (Minn.App. 3-2-2010)
Andrea Cheney, Relator, v. Rapid Recovery Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A09-1090.Minnesota Court of Appeals. Filed: March 2, 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. […]
STATE v. GOAR, 295 N.W.2d 633 (Minn. 1980)
STATE of Minnesota, Respondent, v. Jody Thomas GOAR, Appellant. No. 50430.Supreme Court of Minnesota. August 8, 1980. Appeal from the District Court, St. Louis County, Jack J. Litman, J. Syllabus by the Court 1. Evidence of defendant’s guilt held sufficient. 2. Trial court did not abuse its discretion in admitting set of police photographs from […]
IN RE MARICH CONST. CO., 391 N.W.2d 899 (Minn.App. 1986)
In re Supervised Voluntary Dissolution of MARICH CONSTRUCTION COMPANY. No. C9-86-348.Minnesota Court of Appeals. August 12, 1986. Appeal from the District Court, Dakota County, Jack A. Mitchell, J. Page 900 Syllabus by the Court The affidavit submitted by respondents was inadequate to support a writ attachment under the requirements of Minn.Stat. § 570.02 (1984). Jay […]
FLEMING v. CITY OF MINNEAPOLIS, 168 Minn. 80 (1926)
209 N.W. 902 AMELIA ROSE FLEMING v. CITY OF MINNEAPOLIS.[1] No. 25,490.Supreme Court of Minnesota. June 25, 1926. [1] Reported in 209 N.W. 902. Defendant entitled to directed verdict on question of negligence. 1. Evidence examined and found to sustain the direction of a verdict for defendant, on account of a lack of proof of […]
BUSCH v. SEALING SYSTEMS, INC., A05-1654 (Minn.App. 4-25-2006)
Randy L. Busch, Relator, v. Sealing Systems, Inc., Respondent. Department of Employment and Economic Development, Respondent. No. A05-1654.Minnesota Court of Appeals. Filed April 25, 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, […]
MERRILL v. MORRIS COURT, INC., 180 Minn. 565 (1930)
231 N.W. 231 ALICE AND ATWOOD L. MERRILL v. MORRIS COURT, INC.[1] Nos. 27,960, 27,961.Supreme Court of Minnesota. June 13, 1930. [1] Reported in 231 N.W. 231. Defendant was not negligent in placing wire alongside entrance to its building. Plaintiff, a tenant in defendant’s apartment building, stumbled and fell over a post and wire placed […]
O’NEIL v. COCHRANE, 184 Minn. 354 (1931)
238 N.W. 632 EDWARD FRANCIS O’NEIL v. WILLIAM L. COCHRANE.[1] No. 28,548.Supreme Court of Minnesota. October 30, 1931. [1] Reported in 238 N.W. 632. Automobile — injury to child — dismissal. Where there is no evidence as to how an accident happened or that defendant’s driver failed to exercise ordinary care towards plaintiff’s child, it […]
MARTIN v. SPIRIT MOUNT. REC. AREA AUTH., 527 N.W.2d 167 (Minn.App. 1995)
Linda MARTIN, as Trustee for the heirs of Daniel Martin, deceased, Respondent, v. SPIRIT MOUNTAIN RECREATION AREA AUTHORITY, Appellant. No. C8-94-1827.Minnesota Court of Appeals. February 7, 1995. Review Denied March 29, 1995. Appeal from the District Court, St. Louis County, Galen C. Wilson, J. Page 168 Syllabus by the Court A municipality owned downhill skiing […]
PRESS v. CITY OF MINNEAPOLIS, 553 N.W.2d 80 (Minn.App. 1996)
J.B. PRESS, et al., Appellants, v. The CITY OF MINNEAPOLIS, Respondent. No. C8-96-519.Minnesota Court of Appeals. August 27, 1996. Appeal from the District Court, Hennepin County, Roberta K. Levy, J. Page 81 Syllabus by the Court 1. The district court has subject matter jurisdiction to consider challenges by a property owner to the interpretation and […]
HANSEN v. LOFKVIST, C5-96-851 (Minn.App. 10-15-1996)
Terrence Hansen, petitioner, Respondent vs. Juanita Lofkvist, f/k/a Juanita Hansen, Appellant. No. C5-96-851.Minnesota Court of Appeals. Filed October 15, 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 […]
STATE v. SMITH, A09-863 (Minn.App. 5-18-2010)
State of Minnesota, Respondent, v. James Henry Smith, Appellant. No. A09-863.Minnesota Court of Appeals. Filed May 18, 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 […]
HEINMAN v. UNITED PROPERTIES, INC., 210 Minn. 343 (1941)
298 N.W. 247 BEATRICE HEINMAN v. UNITED PROPERTIES, INCORPORATED.[1] No. 32,692.Supreme Court of Minnesota. May 23, 1941. [1] Reported in 298 N.W. 247. Landlord and tenant — duty of landlord to keep premises in repair — stairway. 1. A landlord is bound to exercise reasonable care to keep in repair a common stairway reserved for […]
STATE v. SACKETT, A10-141 (Minn. 3-29-2011)
State v. Charles David Sackett. No. A10-141.Supreme Court of Minnesota. Filed March 29, 2011. Page 1 ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
MASSACHUSETTS MUTUAL LIFE INS. CO. v. PAUST, 212 Minn. 56 (1942)
2 N.W.2d 410 MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY v. BENJAMIN A. PAUST AND ANOTHER.[1] Nos. 32,925, 32,947.Supreme Court of Minnesota. February 13, 1942. [1] Reported in 2 N.W.2d 410. Mortgage — foreclosure — application of proceeds of sale. Absent a provision in a note and the mortgage given to secure payment thereof and a direction […]
INGHAM v. STATE, 283 Minn. 471 (1969)
168 N.W.2d 691 CHARLES L. INGHAM v. STATE. No. 41172.Supreme Court of Minnesota. June 6, 1969. Criminal law — postconviction relief — denial — propriety. Appeal by Charles L. Ingham from an order of the Blue Earth County District Court, Noah S. Rosenbloom, Judge, denying his petition for postconviction relief after a conviction for second-degree […]
STATE v. BUSCHKOPF, 373 N.W.2d 756 (Minn. 1985)
STATE of Minnesota, Respondent, v. Carlene Ann BUSCHKOPF, Appellant. No. C4-84-561.Supreme Court of Minnesota. August 30, 1985. Appeal from the District Court, Olmstead County, Lawrence T. Collins, J. Page 757 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 758 [EDITORS’ NOTE: THIS […]
PLANTIN v. STATE, A07-1997 (Minn.App. 10-21-2008)
Kevin Patrick Plantin, petitioner, Appellant, v. State of Minnesota, Respondent. No. A07-1997.Minnesota Court of Appeals. Filed October 21, 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 […]
WOLTER v. WOLTER, 367 N.W.2d 96 (Minn.App. 1985)
In re the Marriage of Gary Earl WOLTER, petitioner, Respondent, v. Suzanne Carol WOLTER, Appellant. No. C1-84-2171.Minnesota Court of Appeals. May 7, 1985. Appeal from the District Court, Wright County, Harold J. Dahl, J. Page 97 Syllabus by the Court 1. The trial court properly granted joint custody. 2. The trial court properly awarded possession […]
STATE v. JONES, A04-841 (Minn.App. 5-10-2005)
State of Minnesota, Respondent, v. Baron Montero Jones, Appellant. No. A04-841.Minnesota Court of Appeals. Filed May 10, 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 […]
KERN v. JANSON, A10-355 (Minn.App. 9-14-2010)
Michelle A. Kern, et al., Respondents, v. Cody S. Janson, et al., Respondents, Jennifer Torborg, et al., Appellants. No. A10-355.Minnesota Court of Appeals. Filed September 14, 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. […]
BARLOW v. STATE, A10-746 (Minn.App. 1-18-2011)
Charles Barlow, petitioner, Appellant, v. State of Minnesota, Respondent. No. A10-746.Minnesota Court of Appeals. Filed January 18, 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 […]
STATE EX REL. JACKSON v. WILLSON, 230 Minn. 156 (1950)
40 N.W.2d 910 STATE EX REL. CARL J. JACKSON v. BUNN T. WILLSON. JULE JOE ALPERT AND MOLLIE ALPERT, INTERVENERS.[1] No. 35,142.Supreme Court of Minnesota. January 27, 1950. [1] Reported in 40 N.W.2d 910. Habeas corpus — proceedings — jurisdiction — court. 1. The probate court of this state has no jurisdiction in habeas corpus […]
ELECTRONICS UNLIMITED, INC. v. VILLAGE OF BURNSVILLE, 289 Minn. 118 (1971)
182 N.W.2d 679 ELECTRONICS UNLIMITED, INC., AND ANOTHER v. VILLAGE OF BURNSVILLE. No. 42272.Supreme Court of Minnesota. January 8, 1971. Municipal corporations — award of public contract — failure to award to lowest reponsible bidder. 1. In an action challenging a village’s award of a public contract to the high bidder, there was adequate evidence […]
STATE v. LOR, A08-0664 (Minn.App. 12-29-2009)
State of Minnesota, Respondent, v. Xee Lor, Appellant, and Xee Lor, petitioner, Appellant, v. State of Minnesota, Respondent. Nos. A08-0664, A08-2187.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. […]
DONNELLY BRS. v. STATE AUTO PROP. CAS., A08-0457 (Minn.App. 1-26-2009)
Donnelly Brothers Construction Company, Inc., Appellant, v. State Auto Property and Casualty Insurance Company, Defendant and Third Party Plaintiff, Respondent, v. Western National Insurance Company, Third Party Defendant. No. A08-0457.Minnesota Court of Appeals. Filed: January 26, 2009. Appeal from the District Court, Hennepin County, File No. 27-CV-06-20371, Minge, Judge. SYLLABUS 1. The insurer, under an […]
BURMAN v. CALIFORNIA INSURANCE CO., 186 Minn. 28 (1932)
242 N.W. 387 OLAF S. BURMAN v. CALIFORNIA INSURANCE COMPANY.[1] No. 28,716.Supreme Court of Minnesota. April 15, 1932. [1] Reported in 242 N.W. 387. Insurance — right of contract vendor to proceeds. Where by mistake a fire insurance policy was assigned to the husband of a contract vendee but was indorsed payable first to a […]
STATE v. SWENSON, A06-1802 (Minn.App. 11-20-2007)
State of Minnesota, by its Commissioner of Transportation, petitioner, Appellant, v. Duane R. Swenson, et al., Defendants; Loren C. Jetvig, et al., Respondents. No. A06-1802.Minnesota Court of Appeals. Filed: November 20, 2007. Appeal from the District Court, Clay County, Hon. Steven J. Cahill. RECENT ORDER OPINIONS Reversed. Judge Natalie E. Hudson. Page 1
STATE v. GATZKE, C2-01-1312 (Minn.App. 6-11-2002)
State of Minnesota, Respondent, v. Athena Marie Gatzke Appellant. No. C2-01-1312.Minnesota Court of Appeals. Filed June 11, 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 […]
IN MATTER OF THE CIVIL COMMITMENT OF MOSBY, A07-755 (Minn. 11-21-2007)
In the Matter of the Civil Commitment of: Willie Arthur Mosby, Jr. No. A07-755.Supreme Court of Minnesota. Filed: November 21, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied.
NORTHERN STATES POWER CO. v. CTY. OAKDALE, 588 N.W.2d 534 (Minn.App. 1999)
Northern States Power Company, Appellant, v. City of Oakdale, Respondent. No. C3-98-867Minnesota Court of Appeals. February 2, 1999. Appeal from the District Court, Washington County, Susan R. Miles, J. Page 535 Syllabus by the Court 1. The manner in which NSP’s rate tariffs at issue were filed with the Minnesota Public Utilities Commission was not […]
GILBERT v. INTEGRA TELECOM HOLDINGS, A09-2026 (Minn.App. 8-24-2010)
Christopher Gilbert, Relator, v. Integra Telecom Holdings Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A09-2026.Minnesota Court of Appeals. Filed August 24, 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, […]
STATE v. JUNES, 350 N.W.2d 496 (Minn.App. 1984)
STATE of Minnesota, Respondent, v. Harry Reynold JUNES, Appellant. No. C4-83-1702.Minnesota Court of Appeals. July 3, 1984. Review Denied September 12, 1984. Appeal from the County Court, Wadena County, Don E. Kennedy, J. Page 497 Syllabus by the Court Evidence was sufficient to convict appellant of driving with an alcohol concentration of .10 or more. […]
LIEBERMAN MUSIC CO. v. HAGEN, 394 N.W.2d 837 (Minn.App. 1986)
LIEBERMAN MUSIC COMPANY, Appellant, v. Vernon HAGEN, individually and d.b.a. Wilder Than Ever, Wilder Than Ever, Inc., Fargo National Bank and Trust Company, Respondents. No. C8-86-860.Minnesota Court of Appeals. October 28, 1986. Page 838 Appeal from the District Court, Polk County, Russell Anderson, J. Syllabus by the Court 1. The trial court did not err […]
IN RE MARRIAGE OF RAKOS, A03-96 (Minn.App. 8-19-2003)
In re the Marriage of: James Joseph Rakos, petitioner, Appellant, vs. Tami Colleen Rakos, Respondent. No. A03-96.Minnesota Court of Appeals. Filed: August 19, 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. […]
TYNJALA v. UNITED TACONITE LLC, A09-2021 (Minn.App. 6-29-2010)
Jeffrey Tynjala, Relator, v. United Taconite LLC, Respondent, Department of Employment and Economic Development, Respondent. No. A09-2021.Minnesota Court of Appeals. Filed June 29, 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. […]
STATE v. BUSSINGER, 304 Minn. 323 (1975)
230 N.W.2d 601 STATE v. MICHAEL BUSSINGER. No. 44758.Supreme Court of Minnesota. June 13, 1975. Judgments — order vacating paternity adjudication — propriety. Appeal by the state from an order of the Faribault County District Court, L. J. Irvine, Judge, vacating a judgment against defendant in a paternity proceeding and ordering a trial by jury. […]
RELIANCE MOTOR CO. v. ST. PAUL F. M. INS. CO., 165 Minn. 442 (1926)
206 N.W. 655 RELIANCE MOTOR COMPANY v. ST. PAUL FIRE MARINE INSURANCE COMPANY AND ANOTHER.[1] No. 24,992.Supreme Court of Minnesota. January 8, 1926. [1] Reported in 206 N.W. 655. Waiver of proofs of loss may be inferred from conduct of insurer. 1. A waiver of proofs of loss may be inferred from words or conduct […]
HAGGERTY v. PAWLYSHYN, CX-98-1160 (Minn.App. 2-2-1999)
Christopher Haggerty, Appellant, v. Renee L. Pawlyshyn, as Special Representative for the Estate of Sandra Wehrman, Respondent, Norbert J. Frie, Respondent, State of Minnesota, Respondent. No. CX-98-1160.Minnesota Court of Appeals. Filed February 2, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be […]
MATTER OF SHIELDS, 552 N.W.2d 581 (Minn.App. 1996)
In the Matter of the Trust Created Under the Last Will and Testament of Lytton J. SHIELDS, Deceased. Nos. C1-96-569, C1-96-586.Minnesota Court of Appeals. August 27, 1996. Review Denied October 29, 1996. Appeal from the District Court, Ramsey County, Charles A. Flinn, Jr., J. Syllabus by the Court Where the language of a will does […]
REIN COMPANY v. BJORNDAHL, 290 Minn. 562 (1971)
189 N.W.2d 162 C. G. REIN COMPANY AND ANOTHER v. ROBERT BJORNDAHL AND OTHERS. No. 42285.Supreme Court of Minnesota. July 9, 1971. Zoning — denial of special-use permit — propriety — discretion of village council. Mandamus in the Ramsey County District Court initiated by C. G. Rein Company and C. G. Rein Development Company to […]
MEINSTMA v. LORAM MAINTENANCE OF WAY, INC., 672 N.W.2d 224 (Minn.App. 2003)
Jeremy Meinstma, Respondent (A03-416, A03-425), Appellant (A03-861) v. Loram Maintenance of Way, Inc., Respondent, Richard Lee Mendez, et al., Appellants (A03-416), Defendants (A03-861), James Valenta, Appellant (A03-425), and Loram Maintenance of Way, Inc., Cross-Claim Plaintiff v. Dennis Darnell Ramsey, et al., Cross-Claim Defendants, and Loram Maintenance of Way, Inc., Third-Party Plaintiff v. United Steelworkers of […]
KOPESKY v. PRECISION GASKET CO., 279 Minn. 223 (1968)
156 N.W.2d 205 PHILOMENE M. KOPESKY v. PRECISION GASKET COMPANY. No. 40,843.Supreme Court of Minnesota. February 2, 1968. Landlord and tenant — lease — provision for rental based on taxes — construction. Lease provision obligating tenant to pay as additional rental an amount determined with reference to taxes paid by the lessor in any year […]
HONEYFORD v. BROWN BIGELOW, A03-388 (Minn.App. 11-25-2003)
Michael W. Honeyford, Relator, v. Brown Bigelow, Inc., Respondent, Commissioner of Employment and Economic Development, Respondent. No. A03-388.Minnesota Court of Appeals. Filed November 25, 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, […]
STATE v. DeZELER, 422 N.W.2d 32 (Minn.App. 1988)
STATE of Minnesota, Respondent, v. Mark Robert DeZELER, Appellant. No. C3-87-1845.Minnesota Court of Appeals. April 19, 1988. Review Granted June 10, 1988. Appeal from the District Court, Aitkin County, James E. Preece, J. Page 33 Syllabus by the Court When the trial court rejects a plea agreement, the defendant has an absolute right to withdraw […]
STATE v. VANCE, 392 N.W.2d 679 (Minn.App. 1986)
STATE of Minnesota, Respondent, v. Kevin Earl VANCE, Appellant. No. C3-85-2120.Minnesota Court of Appeals. September 2, 1986. Review Denied October 29, 1986. Appeal from the District Court, Carver County, Philip Kanning, J. Page 680 Syllabus by the Court 1. Because other evidence of appellant’s guilt is so strong, any error in the admission of post-Miranda […]
ST. PAUL INS. CO. v. FIREMAN’S FUND AM. INS. CO., 309 Minn. 505 (1976)
245 N.W.2d 209 ST. PAUL INSURANCE COMPANIES v. FIREMAN’S FUND AMERICAN INSURANCE COMPANIES AND OTHERS. No. 45879.Supreme Court of Minnesota. August 6, 1976. Principal and surety — agreement to be subsurety — subrogation to insured’s right of recovery from other surety. 1. Where a surety who is under no duty to assume a greater liability […]
RIDGWAY v. VAUGHAN, 187 Minn. 552 (1932)
246 N.W. 115 F. M. RIDGWAY v. C. H. VAUGHAN.[1] No. 29,055.Supreme Court of Minnesota. December 30, 1932. [1] Reported in 246 N.W. 115. Court — municipal — review of judgment. 1. Certiorari is a proper remedy to review the judgment of the municipal court of Minneapolis rendered on removal from the conciliation court though […]
PROMULGATION OF AMENDMENTS, ADM10-8049 (Minn. 1-13-2011)
PROMULGATION OF AMENDMENTS TO THE RULES OF CRIMINAL PROCEDURE RELATING TO USE OF A STATEWIDE UNIFORM CITATION. No. ADM10-8049, (formerly Cl-84-2137).Supreme Court of Minnesota. Filed: January 13, 2011. Page 1 ORDER LORIE S. GILDEA, Chief Justice. In an Order dated September 30, 2010, we noted that over one million citations are filed in Minnesota courts […]
SCHULTE v. C. H. PETERSON CONSTRUCTION CO., 278 Minn. 79 (1967)
153 N.W.2d 130 JOSEPH SCHULTE v. C. H. PETERSON CONSTRUCTION COMPANY AND ANOTHER. No. 40,460.Supreme Court of Minnesota. September 15, 1967. Workmen’s compensation — temporary total disability — evidence that injury is “permanent” in medical sense. 1. An injured employee is temporarily totally disabled within the meaning of Minn. St. 176.101, subd. 1, for the […]
STATE v. SIHLER, A08-0618 (Minn.App. 5-5-2009)
State of Minnesota, Respondent, v. Mark Allen Sihler, Appellant. No. A08-0618.Minnesota Court of Appeals. Filed May 5, 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 District […]
OWENS v. OWENS, 207 Minn. 489 (1940)
292 N.W. 89 OWEN L. OWENS AND ANOTHER v. ELIZABETH K. OWENS AND ANOTHER.[1] No. 32,291.Supreme Court of Minnesota. May 17, 1940. [1] Reported in 292 N.W. 89. Appeal and error — appealable order — order allowing claim against estate. 1. Consent by the administratrix of an estate to the allowance of a claim filed […]
STATE v. HARO, A06-1271 (Minn.App. 10-2-2007)
State of Minnesota, Respondent, v. Dennis Patrick Haro, Appellant. No. A06-1271.Minnesota Court of Appeals. Filed October 2, 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). Beltrami County District Court, […]
RUONA v. RUONA, 390 N.W.2d 459 (Minn.App. 1986)
In re the Marriage of Margaret Louise RUONA, Petitioner, Appellant, v. Robert Charles RUONA, Respondent. No. C0-86-349.Minnesota Court of Appeals. July 22, 1986. Appeal from the District Court, Hennepin County, Kenneth J. Gill, J. Syllabus by the Court A modification of child support requires an express finding on the needs of the child as well […]
FRASER v. FRASER, 702 N.W.2d 283 (Minn.App. 2005)
Jayne FRASER, Respondent, v. James FRASER, Respondent, Gerald Fraser, individually and as Trustee of the Gerald R. Fraser Revocable Intervivos Trust Agreement, Appellant. No. A04-2138.Minnesota Court of Appeals. August 16, 2005. Review Denied October 18, 2005. Appeal from the District Court, Sherburne County, Robert Varco, J. Page 284 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
STATE v. B. W. J., A09-141 (Minn.App. 10-13-2009)
State of Minnesota, Respondent, v. B. W. J., Appellant. No. A09-141.Minnesota Court of Appeals. Filed October 13, 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 (2006). Appeal from the District […]
SEMLER v. LUDEMAN, A08-1123 (Minn.App. 7-7-2009)
Raymond L. Semler, Appellant, v. Cal Ludeman, Commissioner of Department of Human Services, et al., Respondents. No. A08-1123.Minnesota Court of Appeals. Filed July 7, 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, […]
LENZMEIER v. APR CAPITAL MORTGAGE CORP, A06-884 (Minn.App. 4-10-2007)
Lynne Lenzmeier, Relator, v. APR Capital Mortgage Corp., Respondent, Department of Employment and Economic Development, Respondent. No. A06-884.Minnesota Court of Appeals. Filed April 10, 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, […]
BOB ACRES, LLC v. SCHUMACHER FARMS, LLC, A10-1945 (Minn. 6-14-2011)
BOB Acres, LLC v. Schumacher Farms, LLC. No. A10-1945.Supreme Court of Minnesota. Filed June 14, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted Page 2
ZANK v. LARSON, 552 N.W.2d 719 (Minn. 1996)
Darlene ZANK, Respondent, v. Gary Arthur LARSON, Respondent, City of St. Paul, Petitioner, Appellant. No. C3-95-1132.Supreme Court of Minnesota. September 5, 1996. Appeal from the District Court, Donald E. Gross, J. Page 720 Syllabus by the Court Statutory immunity applies to a determination by the city as to the duration of an all red clearance […]
RAUSCH MFG. v. MINN. OCC. SAF. HLTH. REV., 352 N.W.2d 514 (Minn.App. 1984)
RAUSCH MANUFACTURING COMPANY, Relator, v. MINNESOTA OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD, et al., Respondents. No. C1-84-162.Minnesota Court of Appeals. August 7, 1984. Review Denied October 19, 1984. Syllabus by the Court An overturned order is not a final order for purposes of Minn.Stat. § 182.661 (1982), authorizing penalties for failure to abate safety and […]
IN RE COLLVER, A04-1281 (Minn.App. 3-8-2005)
In re Gretchen Ann Collver, petitioner, Appellant, v. Kelly Michael Collver, Respondent. No. A04-1281.Minnesota Court of Appeals. Filed March 8, 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 […]
MINNEAPOLIS POLICE v. COM’N ON CIV. RIGHTS, 425 N.W.2d 235 (Minn. 1988)
MINNEAPOLIS POLICE DEPARTMENT, Respondent, v. MINNEAPOLIS COMMISSION ON CIVIL RIGHTS, Respondent, Diane Sterling, Petitioner, Appellant. No. C5-86-1061.Supreme Court of Minnesota. June 17, 1988. Appeal from the Court of Appeals, 402 N.W.2d 125, Wozniak, J. Page 236 Syllabus by the Court 1. The plaintiff has failed to establish a prima facie case of employment discrimination based […]
CATON v. BOARD OF EDUCATION, 213 Minn. 165 (1942)
6 N.W.2d 266 THOMAS J. CATON v. BOARD OF EDUCATION OF CITY OF MINNEAPOLIS AND OTHERS.[1] No. 33,189.Supreme Court of Minnesota. October 30, 1942. [1] Reported in 6 N.W.2d 266. Contract — basis and creation of contractual rights — resolution of school board. 1. Alleged contractual rights based upon a resolution quoted in opinion held […]
MERKEL v. MERKEL, C6-00-198 (Minn.App. 8-29-2000)
Craig A. Merkel, petitioner, Appellant, vs. Belinda Rose Merkel, Respondent. No. C6-00-198.Minnesota Court of Appeals. Filed August 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. Stat. § 480A.08, subd. 3 (1998). Appeal from the […]
PARKER v. FRYBERGER, 171 Minn. 384 (1927)
214 N.W. 276 C.A. PARKER AND ANOTHER v. H.E. FRYBERGER.[1] No. 25,754.Supreme Court of Minnesota. June 3, 1927. [1] Reported in 214 N.W. 276. What questions are res judicata on second appeal from denial of alternative motion. 1. Questions involved and directly decided on an appeal from a judgment rendered non obstante veredicto are res […]
PERSEKE v. KLEESPIE TANK PETROLEUM, 633 N.W.2d 850 (Minn. 2001)
Darrell Perseke, Relator, vs. Kleespie Tank Petroleum, and North River Insurance Co./Crum Foster, Respondents, Kleespie Tank Petroleum, and Valley Forge Insurance Co./CNA Insurance Co., Respondents. No. C7-01-964.Supreme Court of Minnesota. Dated: September 13, 2001. Considered and decided by the court en banc. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY […]
ALBERTSON v. FMC CORP., 437 N.W.2d 113 (Minn.App. 1989)
Elaine G. ALBERTSON, Appellant, v. FMC CORPORATION, Respondent. No. C2-88-1832.Minnesota Court of Appeals. March 21, 1989. Appeal from the District Court, Hennepin County, John W. Borg, J. Page 114 Syllabus by the Court The trial court correctly determined that appellant established a prima facie case of age discrimination; that respondent presented sufficient evidence of a […]
WINTHROP RES. CORP. v. DEMORJI, C8-00-1594 (Minn.App. 4-10-2001)
Winthrop Resources Corporation, d/b/a WINR Business Credit, as successor in interest to WINR Credit Corporation, Respondent, v. Patrick Demorji, individual, d/b/a Effort Enterprises, Appellant. No. C8-00-1594.Minnesota Court of Appeals. Filed April 10, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited […]
LaCOMBE v. MINNEAPOLIS STREET RAILWAY CO., 236 Minn. 86 (1952)
51 N.W.2d 836 EMILY LaCOMBE, SPECIAL ADMINISTRATRIX OF ESTATE OF GEORGE SPRINGSTEEN, v. MINNEAPOLIS STREET RAILWAY COMPANY AND ANOTHER.[1] No. 35,587.Supreme Court of Minnesota. February 21, 1952. [1] Reported in 51 N.W.2d 839. Judgment — notwithstanding verdict — view of evidence on motion. 1. A motion for judgment notwithstanding the verdict, whether made with respect […]
STATE EX REL. COLE v. TAHASH, 269 Minn. 1 (1964)
129 N.W.2d 903 STATE EX REL. ROBERT LEE COLE v. RALPH H. TAHASH. No. 39,235.Supreme Court of Minnesota. July 24, 1964. Habeas corpus — alleged violation of constitutional rights — remedy. A writ of habeas corpus, subject to certain conditions, will lie to test whether cruel and unusual treatment of a state prisoner is being […]
IN RE MARRIAGE OF JACKSON, C5-96-2230 (Minn.App. 5-20-1997)
In Re the Marriage of: Robert S. Jackson, Appellant, v. Marjorie J. Jackson, Respondent. No. C5-96-2230.Minnesota Court of Appeals. Filed May 20, 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 […]
GOLDEN v. GOLDEN, 282 N.W.2d 887 (Minn. 1979)
Agnes GOLDEN, Appellant, v. Junior Ray GOLDEN, Respondent. No. 48517.Supreme Court of Minnesota. August 3, 1979. Appeal from the District Court, Ramsey County, E. Thomas Brennan, J. Page 888 William B. Randall, County Atty., and Steven C. DeCoster, Asst. County Atty., St. Paul, for appellant. Seltz, Tolaas Jensen, John F. Ebner, and Russell J. Jensen, […]
JANSSEN v. JANSSEN, C5-02-262 (Minn.App. 8-27-2002)
Beth Ann Janssen, n/k/a Beth Ann DeLaHunt, petitioner, Respondent, v. David Anthony Janssen, Appellant. No. C5-02-262Minnesota Court of Appeals. Filed August 27, 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 […]
McQUAY, INC. v. INTERNATIONAL UNION, U.A.W., 245 Minn. 274 (1955)
72 N.W.2d 81 McQUAY, INC., v. INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C.I.O., AND OTHERS.[1] , [2] No. 36,559.Supreme Court of Minnesota. July 15, 1955. [1] Reported in 72 N.W.2d 81. [2] Certified to United States Supreme Court, November 30, 1955. Labor relations — unfair labor practices — violence — […]
STATE v. CORNISH, A08-1228 (Minn.App. 5-25-2010)
State of Minnesota, Respondent, v. James Leslie Cornish, Appellant. No. A08-1228.Minnesota Court of Appeals. Filed May 25, 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 […]
KOLB v. CITY OF MINNEAPOLIS, 229 Minn. 483 (1949)
40 N.W.2d 619 GEORGE M. KOLB AND ANOTHER v. CITY OF MINNEAPOLIS.[1] No. 34,940.Supreme Court of Minnesota. December 9, 1949. [1] Reported in 40 N.W.2d 619. Appeal and error — nonappealable order. An order of a district court denying a motion to vacate a prior order of the court is not an appealable order where […]
JOHANTGEN v. BANK, 258 Minn. 88 (1960)
102 N.W.2d 822 LESTER B. JOHANTGEN v. LOUIS A. BANK AND OTHERS. No. 37,858.Supreme Court of Minnesota. May 6, 1960. Taxation — tax title — state assignment certificate — failure to name purchaser. A real estate tax assignment certificate purchased in whole or in part by an undisclosed purchaser is void. Action in the Hennepin […]
IN RE O’NEAL, A06-1564 (Minn. 11-14-2006)
In re Wendell D. O’Neal, Petitioner. Wendell D. O’Neal v. Pete Crumb, et al. No. A06-1564.Supreme Court of Minnesota. Filed November 14, 2006. ORDER ON PETITION FOR FURTHER REVIEW Denied.
DUKEK v. GREIF BROTHERS COOPERAGE, 280 Minn. 535 (1968)
160 N.W.2d 159 THOMAS DUKEK v. GREIF BROTHERS COOPERAGE AND ANOTHER. No. 40,921.Supreme Court of Minnesota. July 5, 1968. Workmen’s compensation — proceedings — conflict in expert testimony — resolution without appointment of neutral physician. 1. Minn. St. 176.155, subd. 2, which provides for appointment of a neutral doctor to assist the Industrial Commission in […]
BRANT v. STATE FARM MUT. AUTO. INS. CO., C5-97-2173 (Minn.App. 5-26-1998)
Allan D. Brant, Appellant, v. State Farm Mutual Automobile Insurance Company, Respondent. No. C5-97-2173.Minnesota Court of Appeals. Filed May 26, 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 […]
IN RE DISCIPLINARY ACTION AGAINST ILIFF, 487 N.W.2d 234 (Minn. 1992)
IN RE PETITION FOR DISCIPLINARY ACTION AGAINST THOMAS L. ILIFF, AN ATTORNEY AT LAW OF THE STATE OF MINNESOTA. No. C6-91-2041.Supreme Court of Minnesota. July 17, 1992. Reinstatement Granted October 21, 1992. Page 235 Syllabus by the Court Respondent’s misconduct warrants a 3-month suspension. Thomas C. Vasaly, First Asst. Director, Office of Lawyers Professional Responsibility, […]
STATE v. CHEVRE, C5-99-1707 (Minn.App. 8-8-2000)
State of Minnesota, Respondent, v. Anthony Russell Chevre, Appellant. No. C5-99-1707.Minnesota Court of Appeals. Filed August 8, 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 […]
PEARSON v. LAKESIDE HOSPITALITY, C7-00-1943 (Minn.App. 5-15-2001)
Debra L. Pearson, Relator, vs. Lakeside Hospitality, Respondent, Commissioner of Economic Security, Respondent. No. C7-00-1943.Minnesota Court of Appeals. Filed May 15, 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). […]
STATE v. MATLOCK, A06-1385 (Minn.App. 10-2-2007)
State of Minnesota, Respondent, v. George Jerry Matlock, Appellant. No. A06-1385.Minnesota Court of Appeals. Filed October 2, 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 […]