CAMPBELL v. BRAKE TRU, INC., A05-872 (Minn.App. 1-24-2006)

Dennis D. Campbell, Relator, v. Brake Tru, Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A05-872.Minnesota Court of Appeals. Filed January 24, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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, […]

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SEELYE v. STATE, A08-1146 (Minn.App. 6-16-2009)

Scott Richard Seelye, petitioner, Appellant, v. State of Minnesota, Respondent. No. A08-1146.Minnesota Court of Appeals. Filed June 16, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the […]

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CASH v. COMMISSIONER OF ECONOMIC SEC., 352 N.W.2d 535 (Minn.App. 1984)

Richard A. CASH, Relator, v. COMMISSIONER OF ECONOMIC SECURITY, Respondent. No. C5-84-715.Minnesota Court of Appeals. August 7, 1984. Page 536 Syllabus by the Court Relator sought unemployment compensation benefits for several weeks in which his employment rendered him ineligible for benefits, and evidence reasonably supports the Commissioner’s finding that relator knowingly and willfully failed to […]

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TEDERS v. ROTHERMEL, 205 Minn. 470 (1939)

286 N.W. 353 MARIE TEDERS v. FRED C. ROTHERMEL.[1] No. 32,047.Supreme Court of Minnesota. June 16, 1939. [1] Reported in 286 N.W. 353. Statute — construction — statute in derogation of common law. 1. A statute in derogation of the common law should receive “a fair construction, with the purpose of its enactment in view,” […]

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MELCHERT v. CLARK, C1-97-1862 (Minn.App. 4-21-1998)

Rebekah Melchert, f/k/a Rebekah Henninger, Appellant, v. James Clark, defendant and third-party plaintiff, Respondent, Bradley Cline, third-party defendant, Respondent. No. C1-97-1862.Minnesota Court of Appeals. Filed April 21, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. […]

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HILLMEYER v. WATZ, 415 N.W.2d 89 (Minn.App. 1987)

Paul HILLMEYER, Appellant, v. Nicholas WATZ, Respondent. No. C6-87-1239.Minnesota Court of Appeals. November 17, 1987. Review Denied January 28, 1988. Appeal from the District Court, Wright County, Bruce R. Douglas, J. Syllabus by the Court 1. A genuine issue of material fact exists, which precludes summary judgment. 2. The accord and satisfaction did not constitute […]

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BRODELL v. STATE, 393 N.W.2d 674 (Minn.App. 1986)

Ronald Dean BRODELL, Appellant, v. STATE of Minnesota, Respondent. No. C1-85-2262.Minnesota Court of Appeals. September 23, 1986. Review Denied November 17, 1986. Appeal from the District Court, Clay County, Donald Gray, J. Page 675 Syllabus by the Court There was sufficient evidence in the record to support the findings of the post-conviction court and the […]

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STATE v. SALAZAR, 494 N.W.2d 485 (Minn. 1993)

STATE of Minnesota, Respondent, v. Ruben James SALAZAR, Appellant. No. C9-92-228.Supreme Court of Minnesota. January 28, 1993. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition of Ruben James Salazar for further review of the unpublished decision of the Court of Appeals affirming his criminal sexual conduct […]

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STATE v. IRBY, C7-01-463 (Minn.App. 6-26-2001)

State of Minnesota, Appellant, v. Jaimiah Lamar Irby, Respondent. No. C7-01-463.Minnesota Court of Appeals. Filed June 26, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]

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STATE v. CURRIE, 267 Minn. 294 (1964)

126 N.W.2d 389 STATE v. MIRIAM RUTH CURRIE. No. 38,913.Supreme Court of Minnesota. February 14, 1964. Criminal law — withdrawal by participant in plan to commit crime — effect. 1. A person who is originally a participant in a scheme or plan to commit a crime may withdraw before the actual commission of the crime […]

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STATE v. MORIN, 736 N.W.2d 691 (Minn.App. 2007)

STATE of Minnesota, Respondent, v. Samuel Patrick MORIN, Appellant (A06-602), Jason David Porteous, Appellant (A06-604), James Luc Robert Drummond, Appellant (A06-605), Jessica Joy Johnson, Appellant (A06-606). Nos. A06-602, A06-604, A06-605, A06-606.Minnesota Court of Appeals. June 26, 2007. Review Denied September 18, 2007. Appeal from the District Court, Beltrami County, Paul Benshoof, J. Page 692 [EDITORS’ […]

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WEST v. WALKER, 181 Minn. 169 (1930)

231 N.W. 826 JOHN WEST v. GEORGE L. WALKER.[1] No. 27,892.Supreme Court of Minnesota. July 25, 1930. [1] Reported in 231 N.W. 826. Statutory cancelation of executory contract prevents subsequent suit by vendee for fraud. A statutory cancelation of an executory contract for the sale of land prevents a subsequent suit by the vendee to […]

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MATTER OF WELFARE OF D.M.W., A04-2379 (Minn.App. 11-22-2005)

In the Matter of the Welfare of: D.M.W. No. A04-2379.Minnesota Court of Appeals. Filed November 22, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District Court, […]

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J.A.S. v. R.J.S., 524 N.W.2d 24 (Minn.App. 1994)

In re the Marriage of J.A.S., Petitioner, Respondent, v. R.J.S., Appellant. No. C1-94-874.Minnesota Court of Appeals. November 15, 1994. Appeal from the District Court, Hennepin County, Kenneth J. Gill, J. Page 25 Syllabus by Court 1. Suspension of visitation based on possible sexual abuse must be predicated on evidence sufficient to believe abuse has occurred […]

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IN RE APPEALS OF SCHLUTER, 273 Minn. 386 (1966)

141 N.W.2d 482 IN RE APPEALS OF EMIL SCHLUTER AND ANOTHER FROM ORDERS OF THE SUPERINTENDENT OF SCHOOLS, POPE COUNTY. INDEPENDENT SCHOOL DISTRICT NO. 613, INTERVENOR. Nos. 39,868, 39,869, 39,870.Supreme Court of Minnesota. March 25, 1966. Schools and school districts — consolidation orders — propriety. 1. In an action to set aside the consolidations of […]

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HILDRETH v. ROBERT HALF CORP., A10-1698 (Minn.App. 7-11-2011)

Sabrena Hildreth, Relator, v. Robert Half Corp., Respondent, Department of Employment and Economic Development, Respondent. No. A10-1698.Minnesota Court of Appeals. Filed July 11, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]

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BOOTH v. CITY OF MINNEAPOLIS, 163 Minn. 223 (1925)

203 N.W. 625 FRANK W. BOOTH v. CITY OF MINNEAPOLIS.[1] No. 24,710.Supreme Court of Minnesota. May 8, 1925. [1] Reported in 203 N.W. 625. Defendant’s power of eminent domain for park purposes. 1. The city of Minneapolis under its charter may acquire lands for park purposes, even though such lands are located within the corporate […]

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STANTON v. MAZDA 2001, 4F2YU08121KM57063, 660 N.W.2d 137 (Minn.App. 2003)

Anne Stanton, Respondent, v. Mazda 2001 VIN 4F2YU08121KM57063 Plate No. GLE 228 (MN) Date of Seizure: 09/09/01, Appellant. No. C3-02-1586.Minnesota Court of Appeals. Filed: April 22, 2003. Page 138 Appeal from the District Court, Carver County, File No. C7011722. SYLLABUS A bona fide security interest in a vehicle under Minn. Stat. § 169A.63, subd. 7(b) […]

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CADDY v. R. MATURI CO., 226 Minn. 213 (1948)

32 N.W.2d 259 FRED W. CADDY v. R. MATURI COMPANY AND ANOTHER.[1] No. 34,591.Supreme Court of Minnesota. May 7, 1948. [1] Reported in 32 N.W.2d 259. Workmen’s compensation — stipulation for settlement — vacation of order of approval — grounds — newly discovered evidence. This case was before this court in Caddy v. R. Maturi […]

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BALL v. THORNTON, 193 Minn. 469 (1935)

258 N.W. 831 LEO A. BALL v. CHARLES H. THORNTON.[1] No. 30,129.Supreme Court of Minnesota. February 15, 1935. [1] Reported in 258 N.W. 831. Accord and satisfaction — terms of accepting part payment. Where plaintiff’s claim against the defendant was not liquidated and he accepted and cashed a check which provided on its face: “This […]

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STATE EX REL. NESSETH v. DISTRICT COURT, 186 Minn. 513 (1932)

243 N.W. 692 STATE EX REL. MARCUS NESSETH v. DISTRICT COURT OF HENNEPIN COUNTY.[1] No. 29,120.Supreme Court of Minnesota. July 8, 1932. [1] Reported in 243 N.W. 692. Mandamus — change of venue of action for divorce. 1. The denial by the district court of a motion of the defendant to change the place of […]

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STATE v. HOLLAND, CX-97-1262 (Minn.App. 4-28-1998)

State of Minnesota, Respondent, v. Lemuel Wade Holland, Appellant. No. CX-97-1262.Minnesota Court of Appeals. Filed April 28, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District […]

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DeHAAN v. FARMERS UNION MARKETING PROCESSING ASSO., 302 Minn. 552 (1975)

225 N.W.2d 21 JACOB H. DeHAAN v. FARMERS UNION MARKETING PROCESSING ASSOCIATION AND ANOTHER. STATE TREASURER, CUSTODIAN OF THE SPECIAL COMPENSATION FUND. No. 44885.Supreme Court of Minnesota. January 3, 1975. Workmen’s compensation — claim against Special Compensation Fund — denial — sufficiency of registration of physical impairment. Certiorari upon the relation of Farmers Union Marketing […]

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STATE v. FONCESA, 505 N.W.2d 370 (Minn.App. 1993)

STATE of Minnesota, Respondent, v. Teresa FONCESA, Appellant. No. C8-92-2505.Minnesota Court of Appeals. August 31, 1993. Appeal from the District Court, Ramsey County, Allan R. Markert, J. Page 371 Syllabus by the Court When a defendant’s consent is required for certification of a misdemeanor as a petty misdemeanor, failure to get consent entitles a defendant […]

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IN RE FEIST v. FEIST, A04-669 (Minn.App. 12-8-2004)

In re: John Michael Feist, III, petitioner, Appellant, v. Michele Ann Feist, Respondent. No. A04-669.Minnesota Court of Appeals. December 8, 2004. Filed December 14, 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, […]

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NORTHERN STA. POWER WILMARTH IND SW INCIN STOR, 459 N.W.2d 922 (Minn. 1990)

In re Request for Approval of Findings of Fact, Conclusion and Order and for Denial of a Request for Contested Case Hearing and Issuance of a Permit Regarding the Proposed NORTHERN STATES POWER COMPANY (NSP) WILMARTH INDUSTRIAL SOLID WASTE INCINERATOR ASH STORAGE FACILITY. No. C6-89-1892.Supreme Court of Minnesota. August 31, 1990. Rehearing Denied October 18, […]

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PETERSON v. STATE, A06-2085 (Minn.App. 9-11-2007)

Randy Lee Peterson, petitioner, Appellant, v. State of Minnesota, Respondent. No. A06-2085.Minnesota Court of Appeals. Filed September 11, 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 […]

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STATE v. HITTLE, 285 N.W.2d 475 (Minn. 1979)

STATE of Minnesota, Respondent, v. Daniel Joseph HITTLE, Appellant. No. 49417.Supreme Court of Minnesota. October 12, 1979. Appeal from the District Court, Cass County, Clinton W. Wyant, J. Syllabus by the Court Petitioner, seeking postconviction relief from convictions based on negotiated guilty pleas made while represented by counsel, failed to demonstrate that he should be […]

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IN RE ESTATE OF JOHNSON, A04-1344 (Minn.App. 1-18-2005)

In re the Estate of Oscar Johnson. No. A04-1344.Minnesota Court of Appeals. Filed January 18, 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, Itasca […]

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STATE v. SPREIGL, 272 Minn. 488 (1965)

139 N.W.2d 167 STATE v. THEODORE FREDERICK SPREIGL. Nos. 39,466, 39,617.Supreme Court of Minnesota. December 17, 1965. Criminal law — prosecution for indecent assault — introducing evidence of prior sex offenses without notice to defendant — effect. 1-2. In a prosecution for taking indecent liberties with a stepchild, where the opportunity for collusion is great, […]

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FORSTER v. CONSUMERS WHOLESALE SUPPLY CO., 174 Minn. 105 (1928)

218 N.W. 249 ALEXANDER FORSTER v. CONSUMERS WHOLESALE SUPPLY COMPANY.[1] No. 26,629.Supreme Court of Minnesota. March 9, 1928. [1] Reported in 218 N.W. 249. In collision between automobile and truck, question of plaintiff’s contributory negligence was for jury. 1. Where plaintiff, driving his automobile on a paved highway on a dark evening, met a bus, […]

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STATE v. NORTHRUP, A05-2309 (Minn.App. 2-13-2007)

State of Minnesota, Respondent, v. Warren James Northrup, Appellant. No. A05-2309.Minnesota Court of Appeals. Filed February 13, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]

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STATE v. FRYE, A04-2494 (Minn.App. 1-24-2006)

State of Minnesota, Respondent, v. James Wayne Frye, Appellant. No. A04-2494.Minnesota Court of Appeals. Filed January 24, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District […]

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FREEMAN v. TOWNSHIP OF PINE CITY, 205 Minn. 309 (1939)

286 N.W. 299 JOHN FREEMAN AND ANOTHER v. TOWNSHIP OF PINE CITY AND ANOTHER.[1] No. 32,029.Supreme Court of Minnesota. May 12, 1939. [1] Reported in 286 N.W. 299. Highway — establishment of town line road. 1. The evidence sustains the finding that, on June 7, 1902, the defendant towns duly laid out and established a […]

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IN RE STRID, 487 N.W.2d 891 (Minn. 1992)

In re the Petition for DISCIPLINARY ACTION AGAINST Dennis W. STRID, an Attorney at Law of the State of Minnesota. No. C4-88-1993.Supreme Court of Minnesota. August 7, 1992. Page 892 Patrick J. Burns, Sr. Asst. Director, St. Paul, for appellant. David W. Lee, Richfield, for respondent. OPINION PER CURIAM. Respondent Dennis W. Strid is before […]

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IN RE WELFARE OF THE CHILD OF M.J.L., C2-00-988 (Minn.App. 2-16-2001)

In the Matter of the Welfare of the Child of: M.J.L. No. C2-00-988Minnesota Court of Appeals. Filed February 16, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from […]

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STATE v. JONES, A08-0856 (Minn.App. 5-12-2009)

State of Minnesota, Respondent, v. Mario Lamar Jones, Appellant. No. A08-0856.Minnesota Court of Appeals. Filed May 12, 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 […]

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MN. ASSN. OF PROF. EMPLS. v. ANDERSON, 736 N.W.2d 699 (Minn.App. 2007)

MINNESOTA ASSOCIATION OF PROFESSIONAL EMPLOYEES, Appellant, v. Patricia ANDERSON, Commissioner of Department of Employee Relations for the State of Minnesota, et al., Respondents. No. A06-1826.Minnesota Court of Appeals. July 31, 2007. Appeal from the District Court, Ramsey County, Margaret M. Marrinan. SYLLABUS Minnesota Statutes section 43A.01, subdivision 3 (2006), imposes no duty on the Commissioner […]

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STATE v. PIERSON, C9-00-2172 (Minn.App. 10-9-2001)

State of Minnesota, Respondent, vs. Tyrone Jermaine Pierson, Appellant. No. C9-00-2172.Minnesota Court of Appeals. Filed October 9, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]

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STATE v. McBRIDE, 291 Minn. 522 (1971)

189 N.W.2d 485 STATE v. TERRENCE DAVID McBRIDE. No. 42229.Supreme Court of Minnesota. August 20, 1971. Criminal law — sentence — compliance with plea agreement. Appeal by Terrence David McBride from a judgment of the Ramsey County District Court, Harold W. Schultz, Judge, whereby he was convicted of aggravated robbery. Affirmed. C. Paul Jones, State […]

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WANNEBO v. GATES, 227 Minn. 194 (1948)

34 N.W.2d 695 ANNE WANNEBO v. ELNATHAN GATES AND ANOTHER.[1] No. 34,713.Supreme Court of Minnesota. November 26, 1948. [1] Reported in 34 N.W.2d 695. Automobile — injuries from operation of stolen car — proximate cause of injury. An automobile which was parked on a street in the business area in Minneapolis, with the doors and […]

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BEEDE v. LAW, 400 N.W.2d 831 (Minn.App. 1987)

Kathlene Marie Jegloski BEEDE, Respondent, v. Ralph Burgess LAW, Jr., Appellant. No. C5-86-1156.Minnesota Court of Appeals. February 17, 1987. Appeal from the County Court, St. Louis County, William R. Sweeney, J. Page 832 Syllabus by the Court 1. A court’s inherent and equitable jurisdiction to modify child support does not permit disregard of statutory law […]

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ROBIN v. PULS, C0-02-265 (Minn.App. 8-28-2002)

Charles H. Robin, Jr., et al., Appellants, v. Jeffrey D. Puls, et al., Respondents. No. C0-02-265Minnesota Court of Appeals. Filed August 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, subd. 3 […]

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STATE v. SWEETMAN, C1-01-202 (Minn.App. 1-2-2002)

State of Minnesota, Respondent, vs. Willfred Erick Sweetman, Appellant. No. C1-01-202Minnesota Court of Appeals. Filed January 2, 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 Carlton County […]

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STATE v. MOORE, 381 N.W.2d 515 (Minn.App. 1986)

STATE of Minnesota, City of West St. Paul, Respondent, v. James MOORE, Appellant. No. C6-85-1074.Minnesota Court of Appeals. February 18, 1986. Appeal from the County Court, Dakota County, Lawrence L. Lenertz, J. Page 516 Syllabus by the Court 1. The trial court properly denied appellant’s motion to remove the prosecutor. 2. The evidence is sufficient […]

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GILBERTSON v. INDEPENDENT SCHOOL DISTRICT NO. 1, 208 Minn. 51 (1940)

293 N.W. 129 S. G. GILBERTSON v. INDEPENDENT SCHOOL DISTRICT NO. 1, WILKIN COUNTY.[1] No. 32,496.Supreme Court of Minnesota. June 14, 1940. [1] Reported in 293 N.W. 129. School and school district — school board meeting — failure to notify ex officio member — validity of proceedings. 1. By statute, 3 Mason Minn. St. 1940 […]

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WILSON v. SCANLAN INTERN., INC., 711 N.W.2d 469 (Minn. 2006)

Henry L. WILSON, Respondent, v. SCANLAN INTERNATIONAL, INC., and State Fund Mutual Ins. Co., Relators, and HealthPartners, Fairview Health Services, Allina Hospitals Clinic/United Hospital, St. Paul Radiology, Neurological Associates, and University of Minnesota Physicians, Intervenors. No. A06-23.Supreme Court of Minnesota. March 28, 2006. Considered and decided by the court en banc. ORDER Based upon all […]

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STATE v. SEALS, C8-95-2017 (Minn.App. 8-6-1996)

STATE OF MINNESOTA, Respondent, v. JOSE ANTHONY SEALS, Appellant. No. C8-95-2017.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 District […]

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STATE v. SIME, 669 N.W.2d 922 (Minn.App. 2003)

State of Minnesota, Appellant, vs. David Scott Sime, Respondent. No. A03-279.Minnesota Court of Appeals. Filed: October 21, 2003. Appeal from the Swift County District Court, File No. 76-K7-02-391. SYLLABUS 1. When a continuance of an omnibus hearing has been granted to permit the presentation of testimonial evidence relating to the issue of probable cause, it […]

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NEWCOMB v. POWERS, C6-95-2291 (Minn.App. 5-28-1996)

TAMMIE J. NEWCOMB, Appellant, v. JEFFREY POWERS, Respondent, v. ZACHARY CULBERSON, defendant and third-party plaintiff, Respondent, LARHON BARNET, defendant and third-party plaintiff, Respondent, STEPHEN GOLD, defendant and third-party plaintiff, Respondent, v. CREDIT GENERAL INSURANCE COMPANY, third-party defendants, Respondent, PETER PASSOLT, ET AL., Third-party defendants, Respondents, AND PETER PASSOLT, ET AL., third-party defendants and fourth-party plaintiffs, […]

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IN RE ALLPRESS v. ALLPRESS, C9-99-625 (Minn.App. 12-7-1999)

In Re the Marriage of: Linda Marie Allpress, petitioner, Respondent, v. Layne Leon Allpress, Appellant. No. C9-99-625.Minnesota Court of Appeals. Filed December 7, 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. […]

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STATE v. WYLIE, A03-1370 (Minn.App. 6-15-2004)

State of Minnesota, Respondent, v. Floyd Ladale Wylie, Appellant. No. A03-1370.Minnesota Court of Appeals. Filed June 15, 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 […]

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STATE v. PILSNER, A07-0719 (Minn.App. 5-27-2008)

State of Minnesota, Respondent, v. Jerry Lee Pilsner, Appellant. No. A07-0719.Minnesota Court of Appeals. Filed May 27, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]

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MILES v. KOCH REFINING CO., C5-97-1508 (Minn.App. 3-10-1998)

Debra Miles, Relator, v. Koch Refining Company, LP, Respondent, Commissioner of Economic Security, Respondent. No. C5-97-1508.Minnesota Court of Appeals. Filed March 10, 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 […]

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FOSS v. CITY OF MONTEVIDEO, 178 Minn. 430 (1929)

227 N.W. 357 MARTIN O. FOSS v. CITY OF MONTEVIDEO.[1] No. 27,826.Supreme Court of Minnesota. November 8, 1929. [1] Reported in 227 N.W. 357. Liability of city to landowner for change of street grade. A municipality which approves and consents to the plans of the state highway commissioner changing the grade of a street renders […]

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LEWIS v. EQUITABLE LIFE ASSUR. SOC. OF U.S., 361 N.W.2d 875 (Minn.App. 1985)

Carole LEWIS, et al., Respondents, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Appellant. No. C8-84-1065.Minnesota Court of Appeals. January 22, 1985. Review Granted March 29, 1985. Appeal from the District Court, Ramsey County, Hyam Segell, J. Page 876 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

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STATE v. MORTELL, A08-0202 (Minn.App. 8-19-2008)

State of Minnesota, Appellant, v. Philip August Mortell, Respondent. No. A08-0202.Minnesota Court of Appeals. Filed August 19, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]

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STATE v. RIEBEL, 166 Minn. 497 (1926)

207 N.W. 631 STATE v. ARTHUR RIEBEL.[1] No. 25,196.Supreme Court of Minnesota. March 5, 1926. [1] Reported in 207 N.W. 631. Bastardy. Appeal dismissed. [Reporter.] Bastards, 7 C.J. p. 1008, n. 75. Defendant appealed from an order, Baker, J., denying his motion to dismiss a proceeding in the district court for Chippewa county charging him […]

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REINSURANCE ASS’N OF MINN. v. SCHUMACHER, 419 N.W.2d 826 (Minn.App. 1988)

REINSURANCE ASSOCIATION OF MINNESOTA, Appellant, v. Kenneth W. SCHUMACHER, Edward J. Tentis, Respondents. No. CX-87-1809.Minnesota Court of Appeals. March 1, 1988. Appeal from the District Court, Wabasha County, Dennis H. Weber, J. Syllabus by the Court Where required by the insurance contract, a workers’ compensation insurer is required to indemnify an employer for all benefits […]

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IN MATTER OF THE PETROFUND, C2-97-1742 (Minn.App. 4-21-1998)

In the Matter of the Petrofund Registration of Respondent Energy Products, Inc. Registration No. 1088. No. C2-97-1742.Minnesota Court of Appeals. Filed April 21, 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. […]

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IN RE SHIPOWNERS LITIGATION, 361 N.W.2d 112 (Minn.App. 1985)

In re SHIPOWNERS LITIGATION. I.S. JOSEPH COMPANY, INC., et al., Appellants, v. Erik HELLSTENIUS, et al., Additional Defendants on Counterclaim, Respondents. No. C2-84-1403.Minnesota Court of Appeals. January 22, 1985. Appeal from the District Court, Hennepin County, Robert E. Bowen, J. Page 113 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

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STATE v. STEVENS, 580 N.W.2d 75 (Minn.App. 1998)

STATE of Minnesota, Respondent, v. Jeremiah Robert STEVENS, Appellant. No. C1-97-1828.Minnesota Court of Appeals. June 23, 1998. Review Denied August 18, 1998. Appeal from the District Court, Hennepin County, Heidi S. Schellhas, J. Page 76 Syllabus by the Court 1. Eight shots from a .40 caliber hand-gun with a range of over one mile were […]

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MERCANTILE STATE BANK v. VOGT, 178 Minn. 282 (1929)

226 N.W. 847 MERCANTILE STATE BANK v. E. C. VOGT.[1] No. 27,565.Supreme Court of Minnesota. October 4, 1929. [1] Reported in 226 N.W. 847. St. Paul municipal court has jurisdiction of forcible entry actions. 1. The jurisdiction of the municipal court of the city of St. Paul, in actions of forcible entry and unlawful detainer, […]

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MATTER OF CIVIL COMMIT. OF ANDERSON, A06-2008 (Minn.App. 3-20-2007)

In the Matter of the Civil Commitment of: BYRON KENNETH ANDERSON. No. A06-2008.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 […]

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IN RE DISCIPLINARY, 739 N.W.2d 917 (Minn. 2007)

In re Petition for DISCIPLINARY ACTION AGAINST Timothy Michael BLOCK, a Minnesota Attorney, Registration No. 317950. No. A07-1867.Supreme Court of Minnesota. October 17, 2007. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition alleging that respondent Timothy Michael Block committed professional misconduct warranting public discipline, namely, altering client documents and […]

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STATE v. DASE, C6-96-1717 (Minn.App. 7-1-1997)

State of Minnesota, Respondent, v. Melvin Dichion Dase, Appellant. No. C6-96-1717.Minnesota Court of Appeals. Filed July 1, 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 […]

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IN RE CARROLL, 611 N.W.2d 343 (Minn. 2000)

In Re Petition for Disciplinary Action against Kevin P. Carroll, an Attorney at Law of the State of Minnesota. No. C7-00-274.Supreme Court of Minnesota. Dated: June 8, 2000. ALAN C. PAGE, Associate Justice. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Kevin P. […]

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BAJWA v. FOSTER, A06-1681 (Minn.App. 8-7-2007)

Manjit Bajwa, et al., Appellants, v. Thomas A. Foster, et al., Respondents. No. A06-1681.Minnesota Court of Appeals. Filed: August 7, 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 […]

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WOLF v. KIAN, C2-00-182 (Minn.App. 9-12-2000)

Jane E. Wolf, Respondent, vs. Ahmad Kian, et al., Appellants. No. C2-00-182.Minnesota Court of Appeals. Filed September 12, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from Hennepin […]

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SORENSON v. SAFETY FLATE, INC., 306 Minn. 300 (1975)

235 N.W.2d 848 STANLEY L. SORENSON v. SAFETY FLATE, INC., AND OTHERS. No. 45236.Supreme Court of Minnesota. December 5, 1975. Indemnity — indemnity claim by purchaser against seller of defective product — disallowance of attorneys fees — propriety. 1. Where plaintiff claims a breach of identical express warranties by both purchaser and seller, the court […]

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KRUEGER v. STATE DEPT. OF HIGHWAYS, 295 Minn. 514 (1972)

202 N.W.2d 873 ALYCE A. KRUEGER v. STATE DEPARTMENT OF HIGHWAYS. No. 43519.Supreme Court of Minnesota. December 1, 1972. Workmen’s compensation — settlement of action for death of employee — attorney’s fees from employer — sufficiency of evidence to support. Certiorari upon the relation of the State Department of Highways, employer, to review a decision […]

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EBERT v. STATE, 284 N.W.2d 548 (Minn. 1979)

Sandra Jones EBERT, Petitioner, Appellant, v. STATE of Minnesota, Respondent. No. 49223.Supreme Court of Minnesota. October 12, 1979. Appeal from the District Court, LeSueur County, John M. Fitzgerald, J. Page 549 Brian H. Miller, Minneapolis, for petitioner, appellant. Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Gary Hansen, Sp. Asst. Atty. Gen., St. […]

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STATE v. IRSHAAD, C1-01-619 (Minn.App. 3-12-2002)

State of Minnesota, Respondent, vs. Taariq Shajee Irshaad, Appellant. No. C1-01-619.Minnesota Court of Appeals. Filed March 12, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]

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STATE v. DIMMICK, 586 N.W.2d 127 (Minn. 1998)

STATE of Minnesota, Respondent, v. Michael J. DIMMICK, Appellant. No. C3-97-1698.Supreme Court of Minnesota. October 22, 1998. APPEAL FROM DISTRICT COURT, OLMSTED COUNTY, DEBRA A. JACOBSON, J. Page 128 Syllabus by the Court There is no evidence in the record supporting appellant’s theory that there was a rational basis for the jury to conclude he […]

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DAVIS v. STATE, C3-97-1412 (Minn.App. 2-17-1998)

Bennie E. Davis, petitioner, Appellant, v. State of Minnesota, Respondent. No. C3-97-1412.Minnesota Court of Appeals. Filed February 17, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the […]

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GATLIN v. GREEN, A05-1351 (Minn.App. 5-16-2006)

Demetrius Gatlin as Trustee for the Estate of Juwan Gatlin, Respondent, v. Sergeant Michael Green, individually and in his official capacity as a Minneapolis Police Officer, et al., Appellants. No. A05-1351.Minnesota Court of Appeals. Filed May 16, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished […]

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BUTLER v. BUTLER, 175 Minn. 253 (1928)

221 N.W. 5 PIERCE BUTLER AND OTHERS v. MARGARET BUTLER AND OTHERS.[1] No. 26,655.Supreme Court of Minnesota. July 27, 1928. [1] Reported in 221 N.W. 5. Where appellant is not harmed by order striking out an allegation, the order will not be reversed on appeal. The court granted an order striking out an allegation of […]

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YOUNG v. YEATES, 161 Minn. 278 (1924)

201 N.W. 421 MARGARET A. YOUNG v. B.F. YEATES AND ANOTHER.[1] No. 24,265.Supreme Court of Minnesota. December 19, 1924. [1] Reported in 201 N.W. 421. Admissibility of books of account. 1. The sufficiency of the showing for the admission of books of account is, in a measure, addressed to the discretion of the trial court, […]

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STATE v. OROZCO, C1-97-2087 (Minn.App. 8-11-1998)

STATE OF MINNESOTA, Respondent, v. ARTURO VILLA OROZCO, Appellant. No. C1-97-2087.Minnesota Court of Appeals. Filed August 11, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District […]

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RESSEN v. NORTHWESTERN NATIONAL BANK TRUST CO., 238 Minn. 314 (1953)

56 N.W.2d 663 HARRY RESSEN, SPECIAL ADMINISTRATOR, SUBSTITUTED FOR SARAH RESSEN, DECEASED, AND ANOTHER v. NORTHWESTERN NATIONAL BANK TRUST COMPANY OF MINNEAPOLIS AND OTHERS, EXECUTORS AND TRUSTEES OF ESTATE OF C. ARTHUR LYMAN.[1] No. 35,830.Supreme Court of Minnesota. January 16, 1953. [1] Reported in 56 N.W.2d 663. Evidence — uncontradicted testimony — effect. 1. The […]

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IN RE ESTATE OF JOSEPH, C0-01-515 (Minn.App. 11-27-2001)

In Re the Estate of: David F. Joseph, Decedent. No. C0-01-515.Minnesota Court of Appeals. Filed November 27, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]

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IN MATTER OF APPLICATION OF DANIELSON, A05-186 (Minn.App. 2-7-2006)

In the Matter of the Application of: Kadey Beth Danielson on behalf of: Samantha Marie Jameson for a name change to: Samantha Marie Danielson. No. A05-186.Minnesota Court of Appeals. Filed February 7, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited […]

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STATE v. TIBBETTS, C2-01-1049 (Minn.App. 5-14-2002)

State of Minnesota, Respondent, v. Todd Charles Tibbetts, Appellant. No. C2-01-1049.Minnesota Court of Appeals. Filed May 14, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]

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IN RE MARRIAGE OF MOORE v. MOORE, A06-212 (Minn.App. 8-29-2006)

In re the Marriage of: Carolyn Sue Moore, petitioner, Respondent, v. Randall Scott Moore, Appellant. No. A06-212.Minnesota Court of Appeals. Filed August 29, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]

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GATES RUBBER CO. v. PORWOLL, 395 N.W.2d 92 (Minn.App. 1986)

GATES RUBBER COMPANY, Appellant, v. Paul PORWOLL, Respondent. No. C3-86-717.Minnesota Court of Appeals. October 28, 1986. Appeal from the District Court, Hennepin County, Delia Pierce, J. Page 93 Syllabus by the Court 1. Appellant’s termination policy was too indefinite as a matter of law to form the basis the basis of a unilateral offer to […]

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IN RE BARTA, 643 N.W.2d 280 (Minn. 2002)

In re Petition for Disciplinary Action against Loren M. Barta, an Attorney at Law of the State of Minnesota. No. C5-89-149.Supreme Court of Minnesota. Dated: May 2, 2002 ORDER The Director of the Office of Lawyers Professional Responsibility and respondent Loren M. Barta have entered into a stipulation providing for the transfer of respondent to […]

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IN RE ESTATE OF BUTLER, 183 Minn. 591 (1931)

237 N.W. 592 IN RE ESTATE OF JOHN BUTLER. LOUISE MARGARETA FLETCHER, APPELLANT.[1] No. 28,512.Supreme Court of Minnesota. June 26, 1931. [1] Reported in 237 N.W. 592. Sufficient grounds for objections to will shown. 1. The petition and affidavit presented by appellant to the probate court, asking for the vacation of an order admitting a […]

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ALSAKER v. DeGRAFF LUMBER CO., 234 Minn. 280 (1951)

48 N.W.2d 431 INGVALD ALSAKER v. DeGRAFF LUMBER COMPANY.[1] No. 35,292.Supreme Court of Minnesota. June 8, 1951. [1] Reported in 48 N.W.2d 431. Negligence — injury from use of saw rig without guard — factory act inapplicable. Defendant, the owner of a lumberyard, permitted a customer to use a saw rig owned by defendant to […]

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ALLISON v. CHICAGO GREAT WESTERN RY. CO., 240 Minn. 547 (1954)

62 N.W.2d 374 FRANK J. ALLISON v. CHICAGO GREAT WESTERN RAILWAY COMPANY.[1] No. 35,959.Supreme Court of Minnesota. January 8, 1954. [1] Reported in 62 N.W.2d 374. Appeal and error — appealable order. 1. Under M.S.A. 605.06, as construed by this court in Snyder v. Minnetonka W. B. Nav. Co. 151 Minn. 36, 185 N.W. 959, […]

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XIONG v. GOLDEN VALLEY MICROWAVE FOODS, C4-97-1631 (Minn.App. 1-27-1998)

Shoua Lee Xiong, Appellant, v. Golden Valley Microwave Foods, Inc., et. al., Respondents. No. C4-97-1631.Minnesota Court of Appeals. Filed January 27, 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, subd. 3 (1996). […]

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STATE v. GREVER, C0-97-864 (Minn.App. 10-28-1997)

State of Minnesota, Appellant, v. William Howard Grever, Respondent. No. C0-97-864.Minnesota Court of Appeals. Filed October 28, 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 […]

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LAVALLE v. COMMR. OF PUBLIC SAFETY, C1-96-751 (Minn.App. 12-17-1996)

Martin Joseph Lavalle, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. C1-96-751.Minnesota Court of Appeals. Filed December 17, 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 (1996). Appeal from […]

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JAMES v. COMMISSIONER OF ECONOMIC SEC., 354 N.W.2d 840 (Minn.App. 1984)

David JAMES, Relator, v. COMMISSIONER OF ECONOMIC SECURITY, Respondent. No. C8-84-479.Minnesota Court of Appeals. September 18, 1984. Page 841 Syllabus by the Court The Commissioner’s determination relator’s job search was inadequate is supported by the record and properly reflects consideration of the general criteria in Minn. Rules 3305.0600 (1983) measured against relator’s particular circumstances as […]

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STATE v. CALDWELL, A05-1289 (Minn.App. 8-22-2006)

State of Minnesota, Respondent, v. Durrell Calvin Caldwell, Appellant. No. A05-1289.Minnesota Court of Appeals. Filed August 22, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the St. […]

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STATE v. BOHALL, 280 Minn. 1 (1968)

157 N.W.2d 845 STATE v. RONNIE L. BOHALL. No. 40,639.Supreme Court of Minnesota. March 22, 1968. Criminal law — plea of guilty — voluntariness. 1. A plea of guilty to the charge of uttering a forged check is held to have been voluntarily tendered. Same — sentence — modification by supreme court. 2. This court […]

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CENTRAL CARE CENTER v. WYNIA, 448 N.W.2d 880 (Minn.App. 1989)

CENTRAL CARE CENTER, et al., Relators, v. Ann WYNIA, Commissioner of Department of Human Services, Respondent. No. C1-89-1234.Minnesota Court of Appeals. December 12, 1989. Page 881 Syllabus by the Court Relators did not receive adequate notice that several letters from the respondent Department constituted appealable decisions. Thomas J. Barrett, Louis P. Smith, Popham, Haik, Schnobrich […]

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