GENTRY v. STATE, C6-99-2087 (Minn.App. 8-22-2000)

Brian Henley Gentry, petitioner, Appellant, vs. State of Minnesota, Respondent. No. C6-99-2087.Minnesota Court of Appeals. Filed August 22, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the […]

Read More

HANEY v. INTERNATIONAL HARVESTER CO., 294 Minn. 375 (1972)

201 N.W.2d 140 JOHN HANEY v. INTERNATIONAL HARVESTER COMPANY. MARVIN STAMNESS AND OTHERS, THIRD-PARTY DEFENDANTS. No. 43111.Supreme Court of Minnesota. September 22, 1972. Appeal and error — dismissal of third-party tortfeasor’s claim against employer for contribution or indemnity — issues raised on appeal — remand to obtain factual setting for determination. Plaintiff sued defendant truck […]

Read More

GRAFFIE v. RYAN, C3-00-157 (Minn.App. 10-3-2000)

Steven Anthony Graffie, Respondent, vs. Patrick Gowan Ryan, Appellant. No. C3-00-157.Minnesota Court of Appeals. Filed October 3, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District […]

Read More

NERBY v. TALENT PARTNERS, 518 N.W.2d 633 (Minn.App. 1994)

Tamara K. NERBY, Relator, v. TALENT PARTNERS, Department of Economic Security, Respondents. No. C7-94-99.Minnesota Court of Appeals. June 28, 1994. Appeal from the Department of Economic Security. Page 634 Syllabus by the Court The Commissioner properly concluded that “performing work” means performing services for pay. An actor collecting fees for the reuse of on-camera performances […]

Read More

WESTGOR v. GRIMM, 318 N.W.2d 56 (Minn. 1982)

Wayne WESTGOR, individually and as a minority shareholder of Winton’s, Inc., Appellant, v. Harvey W. GRIMM, Charles W. Grimm, Arlene M. Grimm and Winton’s, Inc., Respondents. No. 81-455.Supreme Court of Minnesota. April 16, 1982. Appeal from the District Court, Sherburne County, John Dablow, J. Page 57 Syllabus by the Court 1. The trial court did […]

Read More

STATE v. MEYER, A07-1201 (Minn.App. 9-16-2008)

State of Minnesota, Respondent, v. David A. Meyer, Appellant. No. A07-1201.Minnesota Court of Appeals. Filed September 16, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]

Read More

ROMANN v. BENDER, 190 Minn. 419 (1934)

252 N.W. 80 JOSEPH P. ROMANN v. JOHN BENDER.[1] No. 29,537.Supreme Court of Minnesota. January 5, 1934. [1] Reported in 252 N.W. 80. Judgment — notwithstanding verdict. 1. Under 2 Mason Minn. St. 1927, § 9495, a motion for judgment notwithstanding the verdict does not lie unless there is a motion to direct a verdict […]

Read More

IN RE DISBARMENT OF WALTER E. QUIGLEY, 206 Minn. 20 (1939)

287 N.W. 105 IN RE DISBARMENT OF WALTER E. QUIGLEY.[1] No. 30,734.Supreme Court of Minnesota. July 21, 1939. [1] Reported in 287 N.W. 105. Attorney and client — disbarment — unethical conduct and aiding in unauthorized practice of law. In a disciplinary proceeding charging respondent with unethical conduct and with aiding and abetting a corporation […]

Read More

IN MATTER OF THE CIVIL COMM. OF CALL, A09-0818 (Minn.App. 9-15-2009)

In the Matter of the Civil Commitment of: William P. Call. No. A09-0818.Minnesota Court of Appeals. Filed September 15, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from […]

Read More

STATE v. HITCHCOCK, 228 Minn. 335 (1949)

37 N.W.2d 378 STATE v. RALPH C. HITCHCOCK.[1] No. 34,874.Supreme Court of Minnesota. April 29, 1949. [1] Reported in 37 N.W.2d 378. Taxation — income tax — partnership interests — evidence as to existence of partnership. There must be a partnership in reality and not a mere pretense of one to entitle the partners to […]

Read More

MATTER OF WELFARE OF B.W., 454 N.W.2d 437 (Minn.App. 1990)

In the Matter of the WELFARE OF B.W., a/k/a B.G. Nos. C4-89-1860, C3-89-1865.Minnesota Court of Appeals. April 24, 1990. Appeal from the District Court, Hennepin County, Ann Montgomery, J. Page 438 Syllabus by the Court 1. Application of the evidentiary standards in In Re Welfare of T.J.J., 366 N.W.2d 651 (Minn.Ct.App. 1985), is inappropriate in […]

Read More

STATE v. MILLER, A05-1681 (Minn.App. 11-14-2006)

State of Minnesota, Respondent, v. Julie K. Miller, Appellant. No. A05-1681.Minnesota Court of Appeals. Filed November 14, 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 […]

Read More

SNYDER v. CITY OF ST. PAUL, 197 Minn. 308 (1936)

267 N.W. 249 ANNA SNYDER v. CITY OF ST. PAUL AND OTHERS.[1] No. 30,587.Supreme Court of Minnesota. May 8, 1936. [1] Reported in 267 N.W. 249. Municipal corporation — claim against municipality — compromise. A municipality may, unless forbidden by statute or charter, compromise claims against it without specific express authority, such power being implied […]

Read More

COLEMAN v. HUEBENER, 269 Minn. 198 (1964)

130 N.W.2d 322 CHARLES COLEMAN v. PHILIP L. HUEBENER AND ANOTHER. No. 39,167.Supreme Court of Minnesota. August 21, 1964. Negligence — contributory negligence — when question of law. It is only in the clearest of cases where the facts are undisputed and it is plain that all reasonable persons can draw but one conclusion from […]

Read More

IN MATTER OF WELFARE OF K.J.E., A03-1652 (Minn.App. 7-13-2004)

In the Matter of the Welfare of: K.J.E., Jr. No. A03-1652.Minnesota Court of Appeals. Filed July 13, 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 […]

Read More

SIMERMAN v. HABISCH, 178 Minn. 15 (1929)

225 N.W. 913 GEORGE A. SIMERMAN v. FRANK HABISCH. SAME PLAINTIFF v. VICTOR A. PRELLWITZ AND ANOTHER.[1] Nos. 27,266, 27,267.Supreme Court of Minnesota. June 21, 1929. [1] Reported in 225 N.W. 913. Statutory defense to negotiable note proved. 1. Evidence held sufficient to establish defense under G. S. 1923 (2 Mason, 1927) § 7247, providing […]

Read More

STATE v. LOYD, 627 N.W.2d 653 (Minn.App. 2001)

State of Minnesota, Appellant, vs. Willie Dee Loyd, Respondent. No. C3-00-1146Minnesota Court of Appeals. Filed April 17, 2001. Hennepin County District Court, File No. 9944611 SYLLABUS Except for sentencing orders occurring in the course of statutory postconviction proceedings that coincide with a determination of the defendant’s rights, the state does not have the right to […]

Read More

WOLLSCHLAGER v. STANDARD CONSTRUCTION COMPANY, 300 Minn. 550 (1974)

220 N.W.2d 346 VERNON WOLLSCHLAGER v. STANDARD CONSTRUCTION COMPANY AND OTHERS. No. 44118.Supreme Court of Minnesota. July 12, 1974. Workmen’s compensation — compensation award based on settlement — vacation. Certiorari upon the relation of Standard Construction Company, employer, and Travelers Insurance Company, its insurer, to review a decision of the Workmen’s Compensation Commission vacating a […]

Read More

GRAY v. CITY OF ST. PAUL, 250 Minn. 220 (1957)

84 N.W.2d 606 ROBERT J. GRAY v. CITY OF ST. PAUL. No. 37,019.Supreme Court of Minnesota. July 12, 1957. Workmen’s compensation — compensable injury — occupational disease — general public not equally exposed. 1. Ordinary diseases of life may be occupational because in the definition (M.S.A. 176.011, subd. 15) the legislature does not prohibit ordinary […]

Read More

PITTSBURGH COAL CO. v. WILL, 209 Minn. 340 (1941)

296 N.W. 178 PITTSBURGH COAL COMPANY OF WISCONSIN v. ROSE VALLELY WILL.[1] No. 32,671.Supreme Court of Minnesota. January 31, 1941. [1] Reported in 296 N.W. 178. Executor and administrator — claim — allowance — debt of decedent or ad-ministration expense. 1. Debts to be allowed and paid out of the estate of a deceased person […]

Read More

STATE v. McGRIFF, C6-01-2236 (Minn.App. 11-26-2002)

State of Minnesota, Respondent, vs. Wayne Thomas McGriff, Appellant. No. C6-01-2236Minnesota Court of Appeals. Filed November 26, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the Dakota […]

Read More

STATE v. ARRENDONDO, 531 N.W.2d 841 (Minn. 1995)

STATE of Minnesota, Respondent, v. Gilberto ARRENDONDO, Appellant. No. C0-94-879.Supreme Court of Minnesota. May 26, 1995. Appeal from the District Court, Lyon County, George A. Marshall, J. Page 842 Syllabus by the Court 1. Appellant’s convictions for first- and second-degree felony murder were proper where the evidence presented at trial was sufficient for the jury […]

Read More

MELBY v. COMMISSIONER OF PUBLIC SAFETY, 367 N.W.2d 527 (Minn. 1985)

Eric David MELBY, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Petitioner, Appellant. No. C1-84-601.Supreme Court of Minnesota. May 17, 1985. Appeal from the Court of Appeals, 354 N.W.2d 902, Randall, J. Syllabus by the Court 1. Minn.Stat. § 169.123 (1984), the Implied Consent Law, applies to operators of snowmobiles only when the snowmobile is operated on […]

Read More

STATE v. ABDELDAIM, C6-01-2172 (Minn.App. 4-23-2002)

State of Minnesota, Respondent, v. Todi Abdeldaim, Appellant. No. C6-01-2172.Minnesota Court of Appeals. Filed April 23, 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 Court, […]

Read More

KAUFFMAN STEWART v. WEINBRINNER SHOE CO., 589 N.W.2d 499 (Minn.App. 1999)

Kauffman Stewart, Inc., Respondent, v. Weinbrenner Shoe Company, Inc., a Wisconsin corporation, Appellant. No. CX-98-1501.Minnesota Court of Appeals. Filed March 2, 1999. Appeal from the District Court, Hennepin County, Deborah Hedlund, J. Page 500 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

Read More

STATE v. BLOM, A06-1475 (Minn.App. 10-23-2007)

State of Minnesota, Respondent, v. Devin Blom, Appellant. No. A06-1475.Minnesota Court of Appeals. Filed October 23, 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 Court, […]

Read More

WHITE v. JORGENSON, 322 N.W.2d 607 (Minn. 1982)

Robert W. WHITE and Verla M. White, Appellants, v. Arnold JORGENSON, individually and d/b/a Harris-Jorgenson Construction, Inc., Respondent. No. 81-629.Supreme Court of Minnesota. August 6, 1982. Appeal from the District Court, Dakota County, Robert J. Breunig, J. Syllabus by the Court Proof of strict common law fraud is not required to satisfy the second of […]

Read More

COON CREEK, ETC. v. STATE ENVIRON. QUALITY BD., 315 N.W.2d 604 (Minn. 1982)

COON CREEK WATERSHED DISTRICT, et al., petitioners, Appellants, v. STATE of Minnesota ENVIRONMENTAL QUALITY BOARD, et al., Respondents. No. 81-394.Supreme Court of Minnesota. February 12, 1982. Appeal from the District Court, Anoka County, Thomas G. Forsberg, J. Syllabus by the Court 1. An order of the Environmental Quality Board requiring the preparation of Page 605 […]

Read More

IN RE ESTATE OF STEWART, A04-808 (Minn.App. 1-11-2005)

In re Estate of Janet Pauline Stewart, a/k/a Janet P. Stewart. No. A04-808.Minnesota Court of Appeals. Filed January 11, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from […]

Read More

STATE v. OMAN, 265 Minn. 277 (1963)

121 N.W.2d 616 STATE v. ARVID OMAN. No. 38,716.Supreme Court of Minnesota. April 26, 1963. Obscenity — sale and possession of indecent literature — information not alleging scienter — sufficiency. An information charging violation of Minn. St. 1957, § 617.24, which does not allege that the defendant committed the acts prohibited with knowledge of the […]

Read More

BREHM v. LIEBENBERG KAPLAN, 174 Minn. 376 (1928)

219 N.W. 292 OTTO BREHM v. LIEBENBERG KAPLAN AND ANOTHER.[1] No. 26,693.Supreme Court of Minnesota. May 4, 1928. [1] Reported in 219 N.W. 292. Finding sustained that relator was not entitled to additional compensation for injury five months before. The evidence sustains the findings and decision of the industrial commission appealed from. Certiorari to review […]

Read More

LeMIRE v. NELSON, 238 Minn. 501 (1953)

58 N.W.2d 189 GERALD T. LeMIRE, SPECIAL ADMINISTRATOR, SUBSTITUTED FOR PETER BRILL, DECEASED, v. EINER NELSON.[1] No. 35,801.Supreme Court of Minnesota. March 13, 1953. [1] Reported in 58 N.W.2d 189. Automobiles — contributory negligence — question for jury. 1. Under the facts presented in this personal injury action, plaintiff’s contributory negligence was a question for […]

Read More

RAACH v. HAVERLY, 269 N.W.2d 877 (Minn. 1978)

Joseph Jesse RAACH and Patricia Evens Raach, Individually and d.b.a. Piney Ridge Lodge and d.b.a. Piney Ridge Lodge, Inc., Respondents, v. Darrell D. HAVERLY and Gloria A. Haverly, d.b.a. Cap’n Dee’s Piney Ridge Lodge, Respondents, Lawrence Dayton and Warren Greeley, Individually and d.b.a. Realty Sales, Appellants. Nos. 47676, 47738.Supreme Court of Minnesota. August 11, 1978. […]

Read More

IN RE DISCIPLINARY ACTION AGAINST WOJCIAK, 409 N.W.2d 493 (Minn. 1987)

In re Petition for Disciplinary Action Against Paul F. WOJCIAK, an Attorney at Law of the State of Minnesota. No. C8-87-1338.Supreme Court of Minnesota. July 20, 1987. Page 494 ORDER The Director of Lawyers Professional Responsibility filed with this court a petition alleging that while acting as an attorney for a client, respondent received insurance […]

Read More

PLOOG v. STATE, A10-1977 (Minn.App. 6-27-2011)

Michael James Ploog, petitioner, Appellant, v. State of Minnesota, Respondent. No. A10-1977.Minnesota Court of Appeals. June 27, 2011. Appeal from the Hennepin County District Court, Hon. Mark S. Wernick. RECENT ORDER OPINIONS BRUCE D. WILLIS, Judge. Affirmed.

Read More

NATIONAL FAMILY INS. CO. v. MUERLLERLEILE, 308 Minn. 340 (1976)

242 N.W.2d 598 NATIONAL FAMILY INSURANCE COMPANY v. PATRICIA MUERLLERLEILE, TRUSTEE FOR THE HEIRS OF SOPHIE HINDERSCHEID, AND ANOTHER. No. 45866.Supreme Court of Minnesota. May 7, 1976. Insurance — automobile liability policy — exclusionary clause including spouse of named insured — effect. Under applicable Minnesota statutes, an exclusionary clause in an automobile insurance policy which […]

Read More

IN RE RICHARDS, 738 N.W.2d 397 (Minn.App. 2007)

In the Matter of the CIVIL COMMITMENT OF Hayden Michael RICHARDS. No. A07-671.Minnesota Court of Appeals. September 4, 2007. Appeal from the District Court, Ramsey County. SYLLABUS The fact that a person is subject to a federal deportation order does not deprive a Minnesota district court of jurisdiction to civilly commit that person under Minnesota […]

Read More

McCART v. SCHREIBER, 176 Minn. 496 (1929)

223 N.W. 779 HERBERT P. McCART v. JOHN SCHREIBER.[1] No. 27,042.Supreme Court of Minnesota. March 1, 1929. [1] Reported in 223 N.W. 779. Mortgagee’s agent had authority to collect principal of mortgage. Finding that agent had authority from defendant to collect the principal of a mortgage loan found supported by the evidence. Defendant appealed from […]

Read More

STATE v. HUBER, 171 Minn. 429 (1927)

214 N.W. 270 STATE v. ROSE HUBER.[1] No. 26,097.Supreme Court of Minnesota. June 3, 1927. [1] Reported in 214 N.W. 270. When defendant cannot complain of being called before grand jury. 1. The defendant in a criminal case cannot complain merely because he was called before the grand jury which indicted him, where he was […]

Read More

STATE BY HUMPHREY v. CARD, 413 N.W.2d 577 (Minn.App. 1987)

STATE of Minnesota, by Hubert H. HUMPHREY, III, its Attorney General, petitioner, Respondent, v. William H. CARD, et al., Lower Court Respondents, Major Media Management Corporation, successor in interest to Naegele, Inc., Appellant. No. C4-87-915.Minnesota Court of Appeals. October 13, 1987. Appeal from the District Court, Anoka County, Lynn Olson, J. Page 578 Syllabus by […]

Read More

FIRST TRUST CO. OF ST. PAUL v. McLEAN, 254 Minn. 75 (1958)

93 N.W.2d 517 FIRST TRUST COMPANY OF ST. PAUL AND ANOTHER, EXECUTORS OF ESTATE OF JOHN DONALD McLEAN, v. N. P. McLEAN. No. 37,540.Supreme Court of Minnesota. December 12, 1958. Payment — evidence — burden of proof. 1. Defendant has the burden of proving payment of his admitted indebtedness to the decedent. Evidence — credibility […]

Read More

THOMPSON v. WOOD, 272 N.W.2d 357 (Minn. 1978)

Tilmer Eugene THOMPSON, petitioner, Appellant, v. Frank W. WOOD, Warden, Minnesota State Prison, Respondent. No. 48462.Supreme Court of Minnesota. December 8, 1978. Appeal from the District Court, Washington County, Thomas G. Forsberg and John Thoreen, JJ. Page 358 T. Eugene Thompson, pro se. Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Richard Evans, […]

Read More

DO v. AMERICAN FAMILY MUT. INS. CO., 779 N.W.2d 853 (Minn. 2010)

Dean DO, Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent. No. A07-1461.Supreme Court of Minnesota. March 25, 2010. Appeal from the District Court, Dakota County, David L. Knutson, J. Page 854 SYLLABUS 1. Minnesota’s collateral source statute, Minn. Stat. § 548.251 (2008), does not apply to a settlement payment made by the automobile insurer of […]

Read More

STATE EX REL. v. ARMSON, 166 Minn. 249 (1926)

207 N.W. 735 STATE EX REL. SHENANGO FURNACE COMPANY v. J.G. ARMSON AND OTHERS.[1] No. 24,972.Supreme Court of Minnesota. February 26, 1926. [1] Reported in 207 N.W. 735. Evidence not conclusive as to payment of royalties in advance. 1. In a proceeding to determine the occupation tax imposed by L. 1921, c. 223, the evidence […]

Read More

STATE v. TREPANIER, A08-2037 (Minn.App. 9-15-2009)

State of Minnesota, Respondent, v. Brandon James Trepanier, Appellant. No. A08-2037.Minnesota Court of Appeals. Filed September 15, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]

Read More

HERTZ v. WATAB PAPER CO., 186 Minn. 201 (1932)

242 N.W. 629 LENA HERTZ v. WATAB PAPER COMPANY AND ANOTHER.[1] No. 28,871.Supreme Court of Minnesota. May 20, 1932. [1] Reported in 242 N.W. 629. Workmen’s compensation act — determination after affirmance of award of issue left open. Where by its terms an order of the industrial commission, affirmed by this court, provides for further […]

Read More

CITY OF ST. PAUL v. MORRIS, 258 Minn. 467 (1960)

104 N.W.2d 902 CITY OF ST. PAUL v. ROBERT MORRIS.[*] No. 37,909.Supreme Court of Minnesota. July 22, 1960. [*] Certiorari denied, 365 U.S. 815, 81 S.Ct. 696, ___ L.ed. 2d ___. Criminal law — disorderly conduct — use of vile and obscene language. The use of vile and obscene language toward police officers was of […]

Read More

STATE v. BLAIR, 474 N.W.2d 630 (Minn.App. 1991)

STATE of Minnesota, Respondent, v. Robert Raymond BLAIR, Appellant. No. C6-90-2529.Minnesota Court of Appeals. August 27, 1991. Review Denied October 11, 1991. Appeal from the District Court, Stearns County, Paul E. Widick, J. Page 631 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

Read More

STATE EX REL. SPURCK v. CIVIL SERVICE BOARD, 226 Minn. 253 (1948)

32 N.W.2d 583 STATE EX REL. RICHARD F. SPURCK v. CIVIL SERVICE BOARD AND OTHERS.[1] No. 34,619.Supreme Court of Minnesota. May 14, 1948. [1] Reported in 32 N.W.2d 583. Mandamus — to compel performance of duties by state civil service board. 1. Mandamus is the proper remedy to compel the state civil service board to […]

Read More

IN RE HENDRICKS v. HENDRICKS, A04-656 (Minn.App. 11-30-2004)

In re: Merry D. Hendricks, n/k/a Merry DeeAnn Charles, petitioner, Appellant, v. Dennis L. Hendricks, Respondent. No. A04-656.Minnesota Court of Appeals. Filed: November 30, 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, […]

Read More

STATE v. ROBBINS, C1-99-1865 (Minn.App. 8-29-2000)

State of Minnesota, Respondent, v. Kendrick Lee Robbins, Appellant. No. C1-99-1865.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 District […]

Read More

MAHOWALD v. SILBERNICK, C6-99-307 (Minn.App. 7-6-1999)

PETER J. MAHOWALD, petitioner, Respondent, v. DAWN L. SILBERNICK, Appellant. No. C6-99-307.Minnesota Court of Appeals. Filed July 6, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the […]

Read More

BURNIECE v. ILLINOIS FARMERS INS. CO., 398 N.W.2d 542 (Minn. 1987)

Stuart L. BURNIECE, Respondent, v. ILLINOIS FARMERS INSURANCE COMPANY, Petitioner, Appellant. No. CO-85-2172.Supreme Court of Minnesota. January 2, 1987. Appeal from the District Court, Hennepin County, Jonathan G. Lebedoff, J. Syllabus by the Court A plaintiff who receives statutory interest on overdue basic economic loss benefits under Minn.Stat. § 65B.54 (1984) of the Minnesota No-Fault […]

Read More

SMITH v. FLOTTERUD, 716 N.W.2d 378 (Minn.App. 2006)

Denise M. SMITH, Appellant, v. Harold J. FLOTTERUD, et al., Respondents. No. A05-869.Minnesota Court of Appeals. June 20, 2006. Appeal from the District Court, Goodhue County. Page 379 Syllabus by the Court For service of process under rule 4 of the Minnesota Rules of Civil Procedure to Page 380 be sufficient, it must be made […]

Read More

HAUKOM v. CHICAGO GREAT WESTERN RY. CO., 269 Minn. 542 (1964)

132 N.W.2d 271 CORELLA HAUKOM v. CHICAGO GREAT WESTERN RAILWAY COMPANY AND ANOTHER. No. 39,263.Supreme Court of Minnesota. December 18, 1964. Railroads — collision at crossing — failure to give warning signal — sufficiency of evidence. 1. Where engineer and fireman of locomotive testified that whistle and bell of locomotive had been sounded for crossing […]

Read More

ROINESTAD v. McCARTHY, 249 Minn. 396 (1957)

82 N.W.2d 697 THOMAS ROINESTAD AND ANOTHER v. J. E. McCARTHY. CONTINENTAL CASUALTY COMPANY, GARNISHEE, RESPONDENT. No. 37,000.Supreme Court of Minnesota. April 18, 1957. Garnishment — default by garnishee — entry of judgment. 1. Under M.S.A. 571.53 and 571.54, judgment may not be entered against a defaulting garnishee prior to entry of judgment against the […]

Read More

PETERS v. YELLOW CAB CO., 269 N.W.2d 24 (Minn. 1978)

Gladys PETERS, Respondent, v. YELLOW CAB COMPANY, et al, Appellants, City of St. Paul, Respondent, Gene Norman Von Heyne, Defendant. No. 47484.Supreme Court of Minnesota. June 30, 1978. Appeal from the District Court, Ramsey County, E. Thomas Brennan, J. Dudley Smith and Richard H. Bend, St. Paul, for appellants. Donald E. Horton, Jr., St. Paul, […]

Read More

STATE v. ADAMS, C0-02-1593 (Minn.App. 7-15-2003)

State of Minnesota, Respondent, v. Oscar Lee Adams, Appellant. No. C0-02-1593.Minnesota Court of Appeals. Filed July 15, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the District […]

Read More

REGENTS OF THE UNIVERSITY OF MINNESOTA v. IRWIN, 239 Minn. 42 (1953)

57 N.W.2d 625 REGENTS OF THE UNIVERSITY OF MINNESOTA v. DAVID S. IRWIN AND OTHERS. LIDA A. SMITH AND OTHERS, APPELLANTS.[1] No. 35,644.Supreme Court of Minnesota. March 27, 1953. [1] Reported in 57 N.W.2d 625. Eminent domain — condemnation proceedings — admissibility of evidence — rental value. 1. Where property is taken for public use […]

Read More

STATE v. WINTERFELDT, A06-1834 (Minn.App. 12-18-2007)

State of Minnesota, Respondent, v. Michael Joseph Winterfeldt, Appellant. No. A06-1834.Minnesota Court of Appeals. Filed December 18, 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 […]

Read More

STATE v. GILL, A09-1515 (Minn.App. 3-16-2010)

State of Minnesota, Respondent, v. Lee Gill, Appellant. No. A09-1515.Minnesota Court of Appeals. March 16, 2010. Appeal from the District Court, Hennepin County, Hon. Charles A. Porter, Jr. RECENT ORDER OPINIONS JILL FLASKAMP HALBROOKS, Judge. Reversed and remanded. Page 1

Read More

IN RE MARRIAGE OF DEGENER v. DEGENER, A03-1045 (Minn.App. 3-9-2004)

In re the Marriage of: Cynthia Kay Degener, petitioner, Respondent, v. Ren Allen Degener, Appellant. No. A03-1045.Minnesota Court of Appeals. Filed March 9, 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. […]

Read More

IN RE MARRIAGE OF LEONARD v. LEONARD, A11-189 (Minn.App. 9-6-2011)

In re the Marriage of: Sheryl Lynn Leonard, n/k/a Sheryl Lynn Seaton, petitioner, Respondent, v. John Michael Leonard, Jr., Appellant. No. A11-189.Minnesota Court of Appeals. Filed September 6, 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 […]

Read More

IN RE IMPROVING ROBERT STREET, ST. PAUL, 164 Minn. 31 (1925)

204 N.W. 558 IN RE ASSESSMENT OF BENEFITS FROM CHANGING GRADE, PAVING AND IMPROVING ROBERT AND OTHER STREETS, ST. PAUL.[1] No. 24,702.Supreme Court of Minnesota. June 26, 1925. [1] Reported in 204 N.W. 558. Property benefited by extraordinary street improvement may be assessed. 1. Where an extraordinary street improvement involves a change of grade and […]

Read More

SEBUNIA v. TARGET-VIRGINIA #847, CX-00-334 (Minn.App. 11-21-2000)

Cheryl A. Sebunia, Relator, vs. Target-Virginia #847, Respondent, Commissioner of Economic Security, Respondent. No. CX-00-334.Minnesota Court of Appeals. Filed November 21, 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). […]

Read More

IN MATTER OF SELCUK v. SELCUK, A03-763 (Minn.App. 5-4-2004)

In the Matter of: Nuvit Selcuk, petitioner, Respondent, v. Sakir Selcuk, Appellant. No. A03-763.Minnesota Court of Appeals. Filed May 4, 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 […]

Read More

D.A.H. v. G.A.H., 371 N.W.2d 1 (Minn.App. 1985)

D.A.H., petitioner, Respondent, v. G.A.H., Appellant. Nos. C6-84-1811, C7-84-2093.Minnesota Court of Appeals. July 2, 1985. Review Denied September 19, 1985. Appeal from the District Court, Clay County, Homer Saetre, J. Syllabus by the Court 1. The trial court properly admitted a three-year-old child’s hearsay statements about sexual abuse under Minn.R.Evid. 803(24) because there were sufficient […]

Read More

FEARING v. CITY OF HASTINGS, C3-96-1884 (Minn.App. 8-19-1997)

Marlene A. Fearing, Appellant, and M.A. Fearing Companies, Inc. Plaintiff, v. The City of Hastings, Respondent. No. C3-96-1884.Minnesota Court of Appeals. Filed August 19, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, […]

Read More

STATE v. BAILEY, 677 N.W.2d 380 (Minn. 2004)

State of Minnesota, Respondent, v. Billy Daymond Bailey, Appellant. No. C4-02-835.Supreme Court of Minnesota. Filed: March 18, 2004. Rehearing Denied April 22, 2004. Appeal from the Minnesota Court of Appeals, Hennepin County, Hanson, J. Page 381 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

Read More

WINTZ v. COLONIAL INS. CO. OF CALIFORNIA, 542 N.W.2d 625 (Minn. 1996)

Linda M. WINTZ, Respondent, v. COLONIAL INSURANCE COMPANY OF CALIFORNIA, Petitioner. No. C3-94-1377.Supreme Court of Minnesota. January 26, 1996. Appeal from the District Court, Blue Earth County, Richard L. Kelly, J. Syllabus by the Court The exclusionary clause of an uninsured motorist insurance policy is valid where the vehicle involved in the accident is “owned […]

Read More

STATE v. RICHARDSON, C3-97-678 (Minn.App. 6-24-1997)

STATE OF MINNESOTA, Respondent, v. MALLIE ROBERT RICHARDSON, Appellant. No. C3-97-678.Minnesota Court of Appeals. Filed June 24, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District […]

Read More

STAR WINDSHIELD v. WESTERN NAT. INS. CO., 768 N.W.2d 346 (Minn. 2009)

STAR WINDSHIELD REPAIR, INC., as assignee for Aaron Helget, Appellant, v. WESTERN NATIONAL INSURANCE CO., Respondent, and The Glass Network, Claimant, Auto Glass Express, as assignee for Kathy Heglos, claimant, Appellant, v. Austin Mutual Insurance Company, Respondent, and Archer Auto Glass, as Assignee of Ronald Hornberg, Appellant, v. State Farm Mutual Automobile Insurance Company, Respondent, […]

Read More

IN RE PETITION FOR DISCIPL. ACTION, PEREZ, 677 N.W.2d 413 (Minn. 2004)

In re Petition for Disciplinary Action against Alfred Perez, Jr., a Minnesota Attorney, Registration No. 181353. No. A03-1327.Supreme Court of Minnesota. Filed: April 8, 2004. Appeal from the Minnesota Court of Appeals. ORDER PAUL H. ANDERSON Associate Justice. On November 4, 2003, this Court appointed a referee to conduct a hearing on a petition for […]

Read More

MATTER OF MINNEAPOLIS COMM. DEV. AGENCY, 403 N.W.2d 310 (Minn.App. 1987)

In the Matter of Condemnation by the MINNEAPOLIS COMMUNITY DEVELOPMENT AGENCY OF CERTAIN LANDS IN THE CITY OF MINNEAPOLIS. MINNEAPOLIS COMMUNITY DEVELOPMENT AGENCY, Respondent, v. The ITASCA COMPANY, et al., Defendants, Itasca Condominium Association, Inc., Respondent, Cowles Media Company, Appellant. No. C2-86-1597.Minnesota Court of Appeals. April 7, 1987. Appeal from the District Court, Hennepin County, […]

Read More

STATE v. CLARK, 365 N.W.2d 327 (Minn.App. 1985)

STATE of Minnesota, Respondent, v. Bernard CLARK, Appellant. No. C8-84-1521.Minnesota Court of Appeals. April 2, 1985. Review Denied May 20, 1985. Appeal from the District Court, Richard J. Kantorowicz, J. Page 328 Syllabus by the Court Appellant was not denied a fair trial by references to a missing witness. The evidence was sufficient to sustain […]

Read More

WICKNER v. STATE, A05-165 (Minn.App. 1-24-2006)

Lance P. Wickner, petitioner, Appellant, v. State of Minnesota, Respondent. No. A05-165.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 […]

Read More

STATE v. FAGEROOS, 531 N.W.2d 199 (Minn. 1995)

STATE of Minnesota, Respondent, v. Richard Russell FAGEROOS, Jr., Petitioner, Appellant. No. C1-93-2453.Supreme Court of Minnesota. May 5, 1995. Appeal from the Court of Appeals. Page 200 Syllabus by the Court If a remand for an evidentiary hearing on whether there was a specific basis for closing a criminal trial during the testimony of two […]

Read More

STATE v. RAMSEY, C9-99-494 (Minn.App. 7-13-1999)

STATE OF MINNESOTA, Respondent, v. SUSAN LEE RAMSEY, Appellant. No. C9-99-494.Minnesota Court of Appeals. Filed July 13, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District […]

Read More

KARL KRAHL EXCAVATING CO. v. GOLDMAN, 296 Minn. 324 (1973)

208 N.W.2d 719 KARL KRAHL EXCAVATING COMPANY v. THEODORE R. GOLDMAN AND OTHERS. No. 43580.Supreme Court of Minnesota. June 8, 1973. Mechanics lien — action to foreclose — sufficiency of evidence — nature of judgment entered — creation of lien — consent of owner. Action in the Ramsey County District Court to foreclose a mechanics […]

Read More

MURRAY v. MEKOLI, 193 Minn. 93 (1934)

257 N.W. 809 D.C. MURRAY v. JOHN MEKOLI AND ANOTHER.[1] No. 30,149.Supreme Court of Minnesota. December 14, 1934. [1] Reported in 257 N.W. 809. Account stated — evidence. Work and labor — evidence. In suit on account stated, evidence examined and held that jury was justified in finding that account stated was not a valid […]

Read More

ILLINOIS FARMERS INS. CO. v. JUDITH G., 379 N.W.2d 638 (Minn.App. 1986)

ILLINOIS FARMERS INSURANCE COMPANY, Respondent (C7-85-1522), v. JUDITH G., individually and as mother and natural guardian of D.G., a minor, Respondents (C7-85-1522), and Robert and Sandra B., individually and as parents and natural guardians of D.B., a minor, Respondents (C7-85-1522), Appellants (CX-85-1529), Robert and Julie W., individually and as parents and natural guardians of S.L.W. […]

Read More

IN MATTER OF THE EXPULSION OF N. Y. B., A09-670 (Minn.App. 4-20-2010)

In the Matter of the Expulsion of N. Y. B. from Anoka Hennepin Independent School District No. 11. No. A09-670.Minnesota Court of Appeals. Filed April 20, 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. […]

Read More

STATE v. VANN, A09-1964 (Minn.App. 8-24-2010)

State of Minnesota, Respondent, v. Jerome Eugene Vann, Appellant. No. A09-1964.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, subd. 3 (2008). Appeal from the District […]

Read More

SCOFIELD v. KIFFMEYER, 620 N.W.2d 24 (Minn. 2000)

Cedric Scofield, upper Midwestern Region representative sitting on the National Executive Committee of the Reform Party of the United States of America, et al., Petitioners, vs. Mary Kiffmeyer, Secretary of State for the State of Minnesota, et al., Respondents. No. C9-00-1622.Supreme Court of Minnesota. Filed December 21, 2000. Appeal from the Office of Appellate Court. […]

Read More

STATE v. PUYEAR, A04-1974 (Minn.App. 5-17-2005)

State of Minnesota, Respondent, v. Randi Sue Puyear, Appellant. No. A04-1974.Minnesota Court of Appeals. May 17, 2005. Ottertail County District Court, Hon. Galen J. Vaa. RECENT ORDER OPINIONS EDWARD TOUSSAINT, JR., Chief Judge. Affirmed.

Read More

BROCHIN v. LIFSON, 172 Minn. 51 (1927)

215 N.W. 180 SOLOMON BROCHIN AND ANOTHER v. BENJAMIN LIFSON.[1] No. 26,040.Supreme Court of Minnesota. July 1, 1927. [1] Reported in 215 N.W. 180. Order not appealable. No appeal lies from an order for judgment. Appeal and Error, 3 C.J. p. 611 n. 18. Plaintiffs appealed from an order of the district court for Hennepin […]

Read More