Category: Minnesota Court Opinions

4 N.W.2d 89 ALICE C. BABCOCK v. BANCAMERICA-BLAIR CORPORATION AND ANOTHER.[1] No. 33,139.Supreme Court of Minnesota. May 15, 1942. [1] Reported in 4 N.W.2d 89. Corporation — foreign corporation — jurisdiction — service of process. Jurisdiction of respondent, a foreign corporation, was not obtained by the service of the summons herein by the sheriff leaving […]

CROSSROADS BANK OF GEORGIA, Respondent, v. STATE BANK OF SPRINGFIELD, Appellant. No. C8-90-2726.Minnesota Court of Appeals. August 20, 1991. Appeal from the District Court, Brown County, Terri J. Stoneburner, J. Page 15 Syllabus by the Court Under Article 5 of the Uniform Commercial Code, an alleged oral agreement as to where document presentation would occur […]

Robin COOK, Appellant, v. John S. CONNOLLY, Respondent. No. C6-83-2043.Supreme Court of Minnesota. April 19, 1985. Appeal from the District Court, Ramsey County, Edward D. Mulally, J. Page 288 Syllabus by the Court 1. The retainer of an attorney by the mother and natural guardian of a child to prosecute the child’s personal injury action […]

In re Petition for Disciplinary Action against Paul H. MADSEN, an Attorney at Law of the State of Minnesota. No. C8-90-1088.Supreme Court of Minnesota. January 20, 1995. Syllabus by the Court An attorney’s intentional misrepresentation to state and federal tax authorities and failure to cooperate with the Lawyers Professional Responsibility Board warrants an indefinite suspension […]

Paul McCLURE individually and d/b/a McClure Associates, Appellant, v. DAVIS ENGINEERING, L.L.C., et al., Respondents. No. A05-1285.Minnesota Court of Appeals. June 13, 2006. Appeal from the District Court, Sherburne County. Page 355 Syllabus by the Court A corporation may be a “commission salesperson” within the meaning of Minn. Stat. § 181.145, subd. 1 (2004). Paul […]

In re the Marriage of Colleen C. OLSEN, petitioner, Appellant, v. Larry G. OLSEN, Respondent. No. C7-95-2493.Supreme Court of Minnesota. May 8, 1997. Appeal from the District Court, Pope County, Donald Spilseth, J. Page 798 Syllabus by the Court When real property is given to a husband and wife as joint tenants, the wife’s testimony […]

169 N.W.2d 9 HOWARD HAYES v. STATE. No. 41115.Supreme Court of Minnesota. June 13, 1969. Criminal law — postconviction hearing — refusal to vacate guilty plea — propriety. Appeal by Howard Hayes from an order of the Ramsey County District Court, Leonard J. Keyes, Judge, denying his petition for postconviction relief after he was convicted […]

128 N.W.2d 151 BROOKS REALTY, INC. v. AETNA INSURANCE COMPANY AND OTHERS. BROOKS UPHOLSTERING COMPANY, INC. v. AGRICULTURAL INSURANCE COMPANY AND OTHERS. AETNA INSURANCE COMPANY AND OTHERS v. BROOKS UPHOLSTERING COMPANY, INC. No. 39,330.Supreme Court of Minnesota. April 24, 1964. Judgments — res judicata — estoppel by verdict — when applicable. It is error to […]

GOLDBERGER FOODS, INC., and Liberty Mutual Insurance Company, Relators, v. Mary Ann LEWIS, Respondent. No. CX-84-2007.Supreme Court of Minnesota. May 17, 1985. Appeal from the Workers’ Compensation Court of Appeals. William M. Bradt, St. Paul, for relators. John L. Weyland, Minneapolis, for respondent. Considered and decided by the court en banc without oral argument. KELLEY, […]

Antounette A. HOPKINS, a minor, by Nancy K. LaFONTAINE, her mother and natural guardian, Respondent, v. EMPIRE FIRE AND MARINE INSURANCE CO., Appellant. No. CO-91-625.Minnesota Court of Appeals. August 27, 1991. Appeal from the District Court, Ramsey County, Joseph Salland, J. Page 210 Syllabus by the Court The trial court erred in granting summary judgment; […]

241 N.W.2d 320 PATRICK WAYNE FISCHER v. MARGUERITE MART, SPECIAL ADMINISTRATRIX OF THE ESTATE OF CHARLES THOMAS MART. No. 45863.Supreme Court of Minnesota. April 16, 1976. Trial — closing argument — improper comment. 1. It is improper in closing argument for counsel to comment on adverse inferences to be drawn from failure of his opponent […]

MINNESOTA COMMUNITY COLLEGE FACULTY ASSOCIATION, Applicant, Appellant, v. The STATE of Minnesota, et al., Respondents. Nos. C6-96-2186, CX-96-2188.Minnesota Court of Appeals. April 29, 1997. Appeal from the Ramsey County District Court, Kenneth J. Fitzpatrick, J. Page 686 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

Myles REOME, Respondent, v. Leonard W. LEVINE, Commissioner of Public Welfare, and Hennepin County, Appellants. No. C1-84-372.Minnesota Court of Appeals. June 19, 1984. Appeal from the Supreme Court Appeal Panel, comprised of Gerald W. Kalina, Elmer J. Tomfohr and J. Jerome Plunkett, JJ., of the Hennepin County District Court. Page 429 Syllabus by the Court […]

Dennis FRANDSEN, Relator, v. COUNTY OF CHISAGO, et al., Respondents. No. C6-97-965.Supreme Court of Minnesota. January 22, 1998. Appeal from the tax court, Dorothy A. McClung, J. Syllabus by the Court Property conveyed by relator to the United States government, under threat of condemnation for inclusion as part of the St. Croix National Scenic Riverway, […]

Lenore L. FUDALLY, Respondent, v. CHING JOHNSON BUILDERS, INC., Appellant. No. C3-84-969.Minnesota Court of Appeals. January 15, 1985. Appeal from the District Court, Hennepin County, A. Paul Lommen, J. Page 437 Syllabus by the Court The jury’s verdict is sustained because the amount of damages awarded was within the parameters established by the evidence. Nels […]

Patricia A. LINDGREN, Appellant, v. HARMON GLASS COMPANY, Respondent. No. C1-92-238.Minnesota Court of Appeals. August 18, 1992. Review Denied October 20, 1992. Appeal from the District Court, Hennepin County, Cara Neville, J. Page 805 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

Marie LAMKE, Respondent, v. Gerald W. LOUDEN, Defendant, Gelco Corporation, Appellant. No. 48101.Supreme Court of Minnesota. July 21, 1978. Appeal from the District Court, Hennepin County, Richard Kantorowicz, J. Page 54 Syllabus by the Court 1. The jury’s apportionment of the negligence between the codefendants in this action finds adequate evidentiary support in the record. […]

42 N.W.2d 1 CATHERINE DEMMER v. ERNEST GRUNKE AND ANOTHER. ADOLPH P. DEMMER v. SAME.[1] No. 34,962.Supreme Court of Minnesota. February 10, 1950. [1] Reported in 42 N.W.2d 1. Highway traffic regulation — bicycle riders — rights and duties under act. 1. Pursuant to M.S.A. 169.03 and 169.221, bicycle riders are granted all the rights […]

STATE of Minnesota, Respondent, v. Mario RODRIGUEZ, Appellant. No. C4-92-1903.Minnesota Court of Appeals. August 31, 1993. Review Denied October 19, 1993. Appeal from the District Court, Ramsey County, Joanne M. Smith, J. Page 374 Syllabus by the Court 1. A defendant who fails to challenge an amended complaint by pretrial motion waives jurisdictional issue on […]

103 N.W.2d 377 MILDRED SLINKER, TRUSTEE FOR NEXT OF KIN OF DARYLE AHLSTRAND, v. LEO D. WALLNER AND OTHERS. No. 37,919.Supreme Court of Minnesota. June 10, 1960. Negligence — possessor of land — liability to trespassing child — presence not known — injury not foreseen. In an action to recover damages for wrongful death of […]

140 N.W.2d 610 STATE v. RONALD JOHN HOLMES. No. 39,646.Supreme Court of Minnesota. February 18, 1966. Criminal law — search and seizure — reasonableness — improperly admitted evidence — effect. Where a deputy sheriff without a search warrant searched defendant’s automobile, at a time and place too remote to be considered incidental to the arrest, […]

Julius HOLTE, Glenn Holte, Wayne Buchholtz, A.R. Minch, and others similarly situated, and State of Minnesota, Appellants, v. STATE of Minnesota; Lyle Schultz, Clay County Agricultural Inspector; and Keene Township, Respondents. No. C2-90-1538.Minnesota Court of Appeals. March 19, 1991. Review Denied May 16, 1991. Appeal from the District Court, Clay County, Homer A. Saetre, J. […]

State of Minnesota, Respondent, v. James NMN Thomas, Appellant. No. C5-98-1003.Supreme Court of Minnesota. Filed: March 25, 1999. Appeal from the District Court, Hennepin County, Thomas Carey, J. Page 756 Syllabus by the Court 1. The record contains sufficient evidence to sustain appellant’s conviction for first-degree premeditated murder. 2. The record establishes that appellant was […]

217 N.W.2d 734 JAMES M. NELSON v. NATIONAL BISCUIT COMPANY. No. 44217.Supreme Court of Minnesota. April 26, 1974. Workmen’s compensation — proceedings — right to concurrently receive retraining benefits and disability benefits. Certiorari upon the relation of National Biscuit Company, employer, to review a decision of the Workmen’s Compensation Commission awarding benefits against said relator […]

EMPIRE FIRE AND MARINE INSURANCE COMPANY, Appellant, v. Mary CARLSON, et al., Respondents. No. C4-91-756.Minnesota Court of Appeals. October 29, 1991. Appeal from the District Court, Renville County, John J. Weyrens, J. Page 667 Syllabus by the Court 1. An insured seeking first-party benefits is not entitled to an award of attorney fees from an […]

In re the Marriage of Erline V. PERLSTEIN, petitioner, Respondent, v. Stanley B. PERLSTEIN, Appellant. No. C2-84-820.Minnesota Court of Appeals. October 16, 1984. Appeal from the County Court, Dakota County, John J. Daly, J. Page 384 Syllabus by the Court The court did not err in awarding permanent maintenance after a nine-year marriage to a […]

159 N.W.2d 186 MORRIS LEVIN v. THE PAUL REVERE LIFE INSURANCE COMPANY. No. 40,534.Supreme Court of Minnesota. May 24, 1968. Insurance — accident insurance — exclusion — disability caused by concurrence of disease and accidental injury. 1-2. Whether or not contemporaneous or preexisting disease or ailment concurs with an accidental bodily injury so as to […]

In Re Petition for Disciplinary Action Against Alan G. Jontz, an Attorney at Law of the State of Minnesota. No. C7-98-1035Supreme Court of Minnesota. Decided April 8, 1999. Page 778 Edward J. Cleary, Director, Betty M. Shaw, Senior Asst. Director, Office of Lawyer’s Professional Responsibility, St. Paul, for appellant. Edward F. Kautzer, Ruvelson Kautzer, Jack […]

170 N.W.2d 92 ALLAN J. NODES v. CITY OF HASTINGS AND OTHERS. No. 41493.Supreme Court of Minnesota. July 18, 1969. Police — discharge of officer for failure to pay debts — propriety. Certiorari in the Dakota County District Court upon the relation of Allan J. Nodes to review a decision of the Hastings Civil Service […]

Kevin Terrance HANNON, Petitioner, v. STATE of Minnesota, Respondent. No. A09-1380.Supreme Court of Minnesota. May 13, 2010. Appeal from the District Court, Stearns County, Paul E. Widick, J., SYLLABUS Petitioner’s second petition for post-conviction relief is time-barred under Minn. Stat. § 590.01, subd. 4 (2008); therefore the postconviction court did not abuse its discretion when […]

INTERSTATE FIRE CASUALTY COMPANY, Respondent, v. AUTO-OWNERS INSURANCE COMPANY, Petitioner, Appellant. No. C5-87-1877.Supreme Court of Minnesota. December 9, 1988. Appeal from the District Court, Hennepin County, Michael J. Davis, J. Syllabus by the Court In a dispute between two conflicting insurance policies, summary judgment is Page 83 appropriate where the umbrella carrier more clearly intended […]

Pierre LaMont LEAKE, petitioner, Appellant, v. STATE of Minnesota, Respondent. No. A06-1357.Supreme Court of Minnesota. August 16, 2007. Rehearing Denied September 13, 2007. Appeal from the District Court, Hennepin County, Beryl A. Nord, J. Page 532 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

8 N.W.2d 18 AMERICAN FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY v. HAROLD RIISE.[1] No. 33,252.Supreme Court of Minnesota. December 31, 1942. [1] Reported in 8 N.W.2d 18. Insurance — subrogation of insurer upon payment of judgment — pleading. In an action by an insurer for subrogation to the rights of its named assured and for recovery […]

CARLSON REAL ESTATE COMPANY, a Minnesota Limited Partnership, Respondent, v. Mahmoud SOLTAN, Appellant. No. C4-95-1754.Minnesota Court of Appeals. June 11, 1996. Review Denied August 20, 1996. Appeal from the Hennepin County District Court, Jack Nordby, J. Page 377 Syllabus by the Court 1. A lease provision requiring a tenant to conduct business “in good faith […]

Marvin E. FALLIN, Appellant, v. MAPLEWOOD-NORTH ST. PAUL DISTRICT NO. 622 and Jeffrey Nelson, Respondents. No. C4-83-1344.Supreme Court of Minnesota. September 12, 1984. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition of Maplewood-North St. Paul District No. 622 and Jeffrey Nelson for further review of the […]

243 N.W.2d 312 IN RE APPLICATION FOR DISCIPLINE OF HARRY S. STEARNS, JR. No. 46847.Supreme Court of Minnesota. June 4, 1976. Attorney and client — disciplinary proceeding — appropriation of clients’ funds — suspension. Proceeding upon the petition of the acting administrative director on professional conduct at the direction of the State Board of Professional […]

State of Minnesota, by its Attorney General, Mike Hatch, Appellant, vs. Employers Insurance of Wausau, a Mutual Company, Respondent, Home Insurance Company, Respondent, Travelers Casualty and Surety Company, Respondent, The Travelers Indemnity Company et al., Respondents. No. C5-01-1904.Minnesota Court of Appeals. Filed: May 21, 2002. Appeal from the District Court, Hennepin County, Daniel Mabley, J., […]

In re the Marriage of. Dewight K. RECK, Petitioner, Appellant, v. Diane M. RECK, Respondent. No. C8-83-1282.Minnesota Court of Appeals. April 10, 1984. Appeal from the District Court, Ramsey County, Roland J. Faricy, J. Syllabus by the Court Under the facts of this case, the trial court did not abuse its discretion in refusing Page […]

STATE of Minnesota, Respondent, v. Jeffrey Alan GURSKE, Appellant. No. C3-87-1506.Minnesota Court of Appeals. May 10, 1988. Appeal from the District Court, Ramsey County, Charles Flinn, J. Syllabus by the Court 1. The trial court did not abuse its discretion in precluding appellant from calling, on the last day of trial, an undisclosed expert witness. […]

In the Matter of the WELFARE OF R. L. K., Jr. and T. L. K. G. T. K. and R. L. K., Petitioners, v. STATE of Minnesota, et al., Respondents. No. 48895.Supreme Court of Minnesota. August 4, 1978. Appeal from the District Court, Hennepin County, Lindsay Arthur, J. Page 368 Syllabus by the Court The […]

51 N.W.2d 561 MARVIN G. TSCHIDA v. RICHARD DORLE.[1] No. 35,286.Supreme Court of Minnesota. January 25, 1952. [1] Reported in 51 N.W.2d 561. Automobile — negligence of driver — violation of statute — left turn in intersection. 1. Defendant motorist was guilty of negligence as a matter of law where, under the facts of the […]

232 N.W.2d 818 ELIZABETH ISLER, A MINOR, BY JACK ISLER, HER FATHER AND NATURAL GUARDIAN, AND ANOTHER v. DARRELL BURMAN AND OTHERS. CONSTANCE EVANGELICAL FREE CHURCH, APPELLANT. No. 45114.Supreme Court of Minnesota. September 5, 1975. Negligence — instruction imposing on defendant duties of possessor of land — inspection required. 1(a). In a cause of action […]

71 N.W.2d 153 ROSALIA L. McANDREWS AND ANOTHER v. ARMENIA L. KRAUSE AND OTHERS.[1] No. 36,485.Supreme Court of Minnesota. June 10, 1955. [1] Reported in 71 N.W.2d 153. Jurisdiction — foreign representative — property in the forum. 1. As a general rule, a foreign representative in his capacity as representative of an estate may not […]

184 N.W.2d 595 LAWRENCE BOROM AND OTHERS v. CITY OF ST. PAUL. No. 42495.Supreme Court of Minnesota. February 26, 1971. Trial — motion for summary judgment — showing required from nonmoving party. 1. Under our present Rules of Civil Procedure, where a motion is made under Rule 56 for summary judgment, or a motion made […]

In re REINSTATEMENT OF Dean A. NYQUIST, an Attorney at Law of the State of Minnesota. No. C4-89-1793.Supreme Court of Minnesota. May 16, 1990. ORDER WHEREAS, on April 13, 1990, this Court suspended petitioner from the practice of law for a period of 30 days, and WHEREAS, petitioner has filed with the Director of the […]

49 N.W.2d 193 MARTIN PODANY v. SADIE U. ERICKSON AND OTHERS.[1] No. 35,510.Supreme Court of Minnesota. September 14, 1951. [1] Reported in 49 N.W.2d 193. Contract — conditional acceptance of offer to sell real estate — request for abstract. 1. Request for abstract did not render conditional a positive acceptance of offer to sell real […]

238 N.W.2d 851 STATE, CITY OF MINNEAPOLIS, v. ROBERT WILLIAM ALTIMUS. No. 44770.Supreme Court of Minnesota. January 9, 1976. Criminal law — defense of voluntary intoxication — applicability to traffic offense. 1. Under Minn. St. 609.075, voluntary intoxication through use of liquor or drugs is a defense to a criminal charge only if a specific […]

STATE of Minnesota, Respondent, v. Roger A. WALKER, Appellant. No. CX-85-381.Minnesota Court of Appeals. July 23, 1985. Appeal from the District Court, Pennington County, Warren A. Saetre, J. Page 744 Syllabus by the Court 1. Evidence seized in reliance on a search warrant was admissible because the warrant was based on probable cause. 2. The […]

In re Petition for DISCIPLINARY ACTION AGAINST Kristian Lee OYEN, a Minnesota Attorney, Registration No. 386383. No. A10-1028.Supreme Court of Minnesota. March 8, 2011. ORDER Alan C. Page Associate Justice By order filed on December 3, 2010, we suspended respondent Kristian Lee Oyen from the practice of law for a period of 60 days for […]