223 N.W. 787 ESTHER V. KOPPE v. HILTON THOMPSON AND ANOTHER.[1] No. 27,156.Supreme Court of Minnesota. March 1, 1929. [1] Reported in 223 N.W. 787. Denial of compensation for accidental sprain to employe’s wrist reversed. The evidence required a finding that relator sustained an accidental injury arising out of and in the course of her […]
Category: Minnesota Court Opinions
CONSTR. MORT. INVEST. v. FARR DEV. CORP., A09-1960 (Minn. 10-27-2010)
Construction Mortgage Investors Co. v. Darrel A. Farr Development Corp., et al., Darrell A. Farr. No. A09-1960.Supreme Court of Minnesota. Filed October 27, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
MOORE v. RUGG., 44 Minn. 28 (1890)
46 N.W. 141 Ida.E. Moore v. A. B. Rugg. Supreme Court of Minnesota. Filed: July 1, 1890. Photographer and Customer — Right to Use of Negative. — There is an implied contract between a photographer and his customer that the negative for which the customer sits shall only be used for the printing of such […]
COVINGTON v. MARKES, 371 N.W.2d 921 (Minn. 1985)
In re the Marriage of Lea Marie COVINGTON, f.k.a. Lea Marie Markes, petitioner, Respondent, v. Steven Paul MARKES, Appellant. No. C3-84-2009.Supreme Court of Minnesota. July 24, 1985. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that disposition of the pending petition for further review of a decision of the […]
STATE v. ROCKYMORE, A10-2012 (Minn.App. 9-26-2011)
State of Minnesota, Respondent, v. Darquel Markease Rockymore, Appellant. No. A10-2012.Minnesota Court of Appeals. Filed September 26, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the District […]
BENEDIX v. MINN PAR INC., A04-957 (Minn.App. 3-1-2005)
Darrel S. Benedix, Relator, v. Minn Par Inc., Respondent, Commissioner of Employment and Economic Development, Respondent. No. A04-957.Minnesota Court of Appeals. Filed March 1, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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, […]
IN RE APPLICATION OF RAINES TO REGISTER TITLE, 252 Minn. 530 (1958)
90 N.W.2d 906 IN RE APPLICATION OF CLARENCE RAY RAINES TO REGISTER TITLE TO CERTAIN LANDS v. VILLAGE OF ALDEN. No. 37,383.Supreme Court of Minnesota. June 13, 1958. Real property — description in deed — when governed by plat. 1. Description of real property in deed which includes reference to plat for purpose of location, […]
PERFETTI v. FIDELITY CAS. OF NEW YORK, 486 N.W.2d 440 (Minn.App. 1992)
Theresa PERFETTI, Appellant, v. FIDELITY CASUALTY COMPANY OF NEW YORK, Respondent. No. C4-92-248.Minnesota Court of Appeals. June 9, 1992. Appeal from the District Court, Anoka County, Edward W. Bearse, J. Page 441 Michael M. Bader, John P. Dehen, Kampmeyer O’Connor, St. Paul, for appellant. Jeffrey A. Magnus, Skrien Magnus, Eagan, for respondent. Considered and decided […]
MAROSE v. HENNAMEYER, 347 N.W.2d 509 (Minn.App. 1984)
Shirlee MAROSE, Appellant, v. Beverly HENNAMEYER, et al., Respondents. No. C7-83-1211.Minnesota Court of Appeals. April 24, 1984. As Modified May 9, 1984. Appeal from the the District Court, Ramsey County, Hyam Segell, J. Page 510 Syllabus by the Court Absent any facts Marose had suffered a permanent injury, or was disabled for more than sixty […]
LEONARD v. NORTHERN PACIFIC RAILWAY CO., 195 Minn. 484 (1935)
263 N.W. 436 STEWART LEONARD v. NORTHERN PACIFIC RAILWAY COMPANY AND ANOTHER.[1] No. 30,502.Supreme Court of Minnesota. November 22, 1935. [1] Reported in 263 N.W. 436. Master and servant — injury to acetylene torch operator — assumption of risk. Plaintiff, an experienced acetylene torch operator engaged in cut. ting discarded car sills into sections preparatory […]
DIXON v. JOHNSON, 430 N.W.2d 253 (Minn.App. 1988)
Gail DIXON, individually and as mother and natural guardian of Erica Dixon, a minor, and LaChaunda Dixon, a minor, Appellant, v. Robert JOHNSON, Defendant, Minnesota Department of Human Services, Respondent. No. C8-88-1107.Minnesota Court of Appeals. October 11, 1988. Appeal from the District Court, Hennepin County, Charles A. Porter, Jr., J. Page 254 Syllabus by the […]
McKEE v. COUNTY OF RAMSEY, 316 N.W.2d 555 (Minn. 1982)
Michael and Joyce McKEE, Appellants, v. The COUNTY OF RAMSEY, and its Department of Taxation, and the State of Minnesota, Respondents. No. 81-1048.Supreme Court of Minnesota. March 5, 1982. Rehearing Denied April 12, 1982. Appeal from the District Court, Ramsey County, Sidney Abramson, J. Page 556 Thomas W. Straham, Minneapolis, for appellants. Warren Spannaus, Atty. […]
FLAKNE v. METROPOLITAN LIFE INS. CO., 198 Minn. 465 (1936)
270 N.W. 566 KLEVE J. FLAKNE AND OTHERS v. METROPOLITAN LIFE INSURANCE COMPANY AND OTHERS. GIRARD HOLDING COMPANY, INTERVENER.[1] Nos. 31,011, 31,031.Supreme Court of Minnesota. December 14, 1936. [1] Reported in 270 N.W. 566. Corporation — foreign corporation — statutory provisions — construction. 1. 2 Mason Minn. St. 1927, §§ 7493-7495, imposing penalties on foreign […]
CRUZ v. HARRIS, CX-99-21 (Minn.App. 6-29-1999)
Judy Cruz, Respondent, v. James Edward Harris, Appellant. No. CX-99-21.Minnesota Court of Appeals. Filed June 29, 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 Court, […]
BRANDT v. HALLWOOD MANAGEMENT CO., 560 N.W.2d 396 (Minn.App. 1997)
Craig BRANDT, Appellant, v. HALLWOOD MANAGEMENT COMPANY, a Delaware corporation, Respondent, Royal Electric Company, Inc., a Minnesota corporation, Respondent. No. CX-96-1557.Minnesota Court of Appeals. March 11, 1997. Appeal from the District Court, Hennepin County, H. Peter Albrecht, J. Page 397 Syllabus by the Court 1. The plain and ordinary meaning of “construction” under Minn.Stat. § […]
E H EARTH MOVERS v. WALAND COS., C7-97-1736 (Minn.App. 4-7-1998)
E H Earth Movers, Inc., Appellant, v. Waland Companies, Respondent, Builders Mortgage Corporation, Defendant. No. C7-97-1736.Minnesota Court of Appeals. Filed April 7, 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 […]
STATE v. PEARSON, A07-1653 (Minn.App. 11-18-2008)
State of Minnesota, Respondent, v. Dennis J. Pearson, Appellant. No. A07-1653.Minnesota Court of Appeals. Filed November 18, 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 […]
SACLOLO v. SHALEEN, A10-2165 (Minn.App. 7-18-2011)
Charlotte Saclolo, Appellant, v. Gary L. Shaleen, Respondent. No. A10-2165.Minnesota Court of Appeals. Filed July 18, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the District Court, […]
STATE v. OLSON, 293 Minn. 415 (1972)
196 N.W.2d 444 STATE v. DALE RICHARD OLSON. No. 42774.Supreme Court of Minnesota. March 31, 1972. Criminal law — robbery conviction — claimed breach of plea bargain. Appeal by Dale Richard Olson from a judgment of the Waseca County District Court, Urban J. Steimann, Judge, whereby he was convicted of simple robbery. Affirmed. C. Paul […]
CARNES v. ST. PAUL UNION STOCKYARDS CO., 175 Minn. 294 (1928)
221 N.W. 20 HARRY E. CARNES v. ST. PAUL UNION STOCKYARDS COMPANY.[1] No. 26,785.Supreme Court of Minnesota. August 3, 1928. [1] Reported in 221 N.W. 20. Refusal of injunction sustained. 1. The court did not err in refusing the defendant an injunction restraining the plaintiff for all time from conducting business or having employment in […]
KLAR v. PARK CONSTRUCTION CO., 281 Minn. 323 (1968)
161 N.W.2d 839 ELMER KLAR, d.b.a. ELMER KLAR CONSTRUCTION COMPANY, v. PARK CONSTRUCTION COMPANY AND OTHERS. No. 41,035.Supreme Court of Minnesota. September 6, 1968. Contracts — contract to clear and excavate land — claimed breach — sufficiency of evidence. In an action for damages by a subcontractor against a general contractor and the surety furnishing […]
IN RE M.P., C1-96-877 (Minn.App. 10-1-1996)
In the Matter of the Welfare of: M.P., H.P., H.P., and L.P., children. No. C1-96-877.Minnesota Court of Appeals. Filed October 1, 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). […]
AKINWANDE v. COMMONBOND HOUS. (CORP), A09-2036 (Minn. 6-15-2010)
Rafiu Akinwande v. CommonBond Housing (Corp), Benoz Enterprise, Inc., Department of Employment and Economic Development. No. A09-2036.Supreme Court of Minnesota. Filed June 15, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. ANDERSON-SCHAPS, C2-99-157 (Minn. 11-17-1999)
State of Minnesota Regarding the Parties: Robert Schaps v. Judy Anderson-Schaps. No. C2-99-157.Supreme Court of Minnesota. November 17, 1999. Denied
PETITION OF BURLINGTON NORTHERN R. CO., 359 N.W.2d 288 (Minn.App. 1984)
In the Matter of the Petition of BURLINGTON NORTHERN RAILROAD COMPANY to Establish a Centralized Freight Agency at St. Cloud, Minnesota. No. C8-84-1244.Minnesota Court of Appeals. December 18, 1984. Syllabus by the Court The Commissioner’s order is supported by findings of fact and conclusions of law which are supported by substantial evidence in the record. […]
AST v. HAR NED LUMBER, 483 N.W.2d 66 (Minn. 1992)
Robert AST, Respondent, v. HAR NED LUMBER and American Mut. Ins. Liability Co./MN Ins. Guar. Assn. (MIGA), Respondents, and Har Ned Lumber and Retail Lumbermen’s Inter-Insurance Exchange, Relators, and Har Ned Lumber and American Motorist Ins. Co., Respondents. No. C2-91-1629.Supreme Court of Minnesota. April 17, 1992. Page 67 Syllabus by the Court The Workers’ Compensation […]
WEBER v. SENTRY INS., 442 N.W.2d 164 (Minn.App. 1989)
Ray WEBER, et al., Appellants, v. SENTRY INSURANCE, Defendant and Third-Party Plaintiff, Respondent, v. HOME INSURANCE COMPANY, Third-Party Defendant, Respondent. No. C4-89-448.Minnesota Court of Appeals. June 20, 1989. Appeal from the District Court, Anoka County, Donald J. Venue, J. Page 165 Syllabus by the Court 1. The trial court erred in finding the underinsurance carrier […]
STATE v. WASHINGTON, A08-1137 (Minn. 8-26-2009)
State v. Stacy Fernando Washington. No. A08-1137.Supreme Court of Minnesota. Filed: August 26, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. PARKER, A07-2067 (Minn.App. 2-10-2009)
State of Minnesota, Respondent, v. Steven Todd Parker, Appellant. No. A07-2067.Minnesota Court of Appeals. Filed February 10, 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 […]
EISEL v. EISEL, 261 Minn. 1 (1961)
110 N.W.2d 881 LYLE EDWARD EISEL v. ARLENE RENE EISEL, NOW ARLENE SEVY. No. 37,894.Supreme Court of Minnesota. September 1, 1961. Divorce — custody — delay in determining permanent custody. 1. Since the court retains jurisdiction after a divorce to amend its orders and decrees if there is a substantial change in circumstances, except in […]
IN RE ESTATE OF STENZEL, 210 Minn. 509 (1941)
299 N.W. 2 IN RE ESTATE OF MARIA STENZEL. STATE EX REL. FRANK J. STENZEL v. WILLIAM G. KREGER.[1] Nos. 32,719, 32,855.Supreme Court of Minnesota. June 27, 1941. [1] Reported in 299 N.W. 2. Mandamus — petition — defect as to names of parties in title. 1. A defect as to the names of the […]
SOONER v. GOETZE, 177 Minn. 108 (1929)
224 N.W. 697 M. ADDIE SONNER AND ANOTHER v. HERMAN GOETZE AND ANOTHER.[1] No. 27,103.Supreme Court of Minnesota. April 5, 1929. [1] Reported in 224 N.W. 697. Cancelation of mortgage decreed. 1. The evidence sustains the findings of the trial court that a broker, who received money from the defendants with which to make a […]
FRIENDS OF TWIN LAKES v. CITY OF ROSEVILLE, A05-1770 (Minn.App. 8-10-2006)
Friends of Twin Lakes, Appellant, v. City of Roseville, Respondent, Rottlund Homes, et al., Respondents. No. A05-1770.Minnesota Court of Appeals. Filed August 10, 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. […]
IN RE MARRIAGE OF BUSKO v. BUSKO, A03-1100 (Minn.App. 4-13-2004)
In re the Marriage of: Karen J. Busko, petitioner, Appellant, v. Paul S. Busko, Respondent. No. A03-1100.Minnesota Court of Appeals. Filed April 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. […]
FOWLER v. CITY OF ST. PAUL, 635 N.W.2d 81 (Minn. 2001)
John Fowler, Jr., Respondent, vs. City of St. Paul, Self-Insured/Risk Management Division, Relator. No. C3-01-1237.Supreme Court of Minnesota. Filed: October 24, 2001 Considered and decided by the court en banc. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the decision of the Workers’ Compensation Court of Appeals filed […]
EUL v. A A LIQUORS OF ST. CLOUD, C6-99-517 (Minn.App. 10-12-1999)
THOMAS EUL, Respondent, v. A A LIQUORS OF ST. CLOUD, INC., d/b/a TOM’S 9TH AVENUE BAR, Appellant, CENTENNIAL LIQUOR SHOPPE, Respondent, EUGENE MYERS, Respondent, DAVID WILLIAMS, Respondent, ALLEN SMITH, Respondent. No. C6-99-517.Minnesota Court of Appeals. Filed October 12, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be […]
IN RE CHILDREN OF J. B., A09-779 (Minn.App. 10-27-2009)
In the Matter of the Welfare of the Children of: J. B. and R. J. G., Parents. No. A09-779.Minnesota Court of Appeals. Filed October 27, 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. § […]
STATE v. DULSKI, 363 N.W.2d 307 (Minn. 1985)
STATE of Minnesota, Respondent, v. Randall Stewart DULSKI, Appellant. No. C1-84-1599.Supreme Court of Minnesota. March 1, 1985. Appeal from the District Court, Ramsey County, Edward D. Mullaly, J. Page 308 Syllabus by the Court When a criminal defendant is sentenced to a concurrent sentence for an offense committed while on probation, he ordinarily is entitled […]
WESTERVELT v. PAPER MAGIC GROUP, INC., C7-01-1158 (Minn.App. 1-8-2002)
KIMBERLY M. WESTERVELT, RELATOR, v. PAPER MAGIC GROUP, INC., RESPONDENT, COMMISSIONER OF ECONOMIC SECURITY, RESPONDENT. No. C7-01-1158Minnesota Court of Appeals. Filed January 8, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
UNITY INVESTORS LTD. v. LINDBERG, 421 N.W.2d 751 (Minn.App. 1988)
UNITY INVESTORS LIMITED PARTNERSHIP, Respondent, v. Larry W. LINDBERG, Appellant. No. C4-87-2387.Minnesota Court of Appeals. April 12, 1988. Appeal from the District Court, Anoka County, James D. Gibbs, J. Page 752 Syllabus by the Court Where the existing lease permitted the tenant to renew under the terms of a written option which specified the terms […]
ODEGARD v. ST. PAUL FIRE MARINE INS., 449 N.W.2d 476 (Minn.App. 1989)
Michael E. ODEGARD, Respondent, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellant. No. C9-89-1322.Minnesota Court of Appeals. December 26, 1989. Review Denied March 8, 1990. Appeal from the District Court, Ramsey County, David J. Marsden, J. Page 477 Syllabus by the Court 1. Where an injured operator claims fault of an uninsured owner, the […]
KRISMER v. McGOUGH CONSTR. CO., C5-01-168 (Minn.App. 8-7-2001)
James Krismer, Relator, v. McGough Construction Co., Inc., Respondent, Commissioner of Economic Security, Respondent. No. C5-01-168.Minnesota Court of Appeals. Filed August 7, 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 […]
BROWN-WILBERT v. COPELAND BUHL CO., A05-340 (Minn.App. 11-22-2005)
Brown-Wilbert, Inc., et al., Appellants, v. Copeland Buhl Company, P.L.L.P., Respondents. No. A05-340.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 […]
DAIKER v. MAYAVSKI, C5-98-2149 (Minn. 7-28-1999)
Bradley L. Daiker v. Marja Lee Mayavski, Austin Mutual Insurance Company. No. C5-98-2149.Supreme Court of Minnesota. July 28, 1999. Denied
KOLOSKY v. FAIRVIEW UNIV. MED. CTR., C0-02-2162 (Minn.App. 5-13-2003)
Joeffre Kolosky, Appellant, v. Fairview University Medical Center, Respondent. No. C0-02-2162.Minnesota Court of Appeals. Filed May 13, 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 Hennepin […]
SCHOOL SISTERS OF NOTRE DAME v. STATE FARM, 476 N.W.2d 523 (Minn.App. 1991)
SCHOOL SISTERS OF NOTRE DAME AT MANKATO, MINNESOTA, INC., Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent. No. C5-91-829.Minnesota Court of Appeals. October 29, 1991. Appeal from the District Court, Swift County, Keith C. Davison, J. Syllabus by the Court A religious order organized as a non-profit corporation is not entitled to recover survivors […]
IND. CON. SCH. DIS. NO. 24 v. CARLSTROM, 277 Minn. 117 (1967)
151 N.W.2d 784 INDEPENDENT CONSOLIDATED SCHOOL DISTRICT NO. 24, BLUE EARTH COUNTY, v. ROBERT W. CARLSTROM, d.b.a. ROBERT W. CARLSTROM CONSTRUCTION COMPANY. No. 40,550.Supreme Court of Minnesota. June 16, 1967. Contracts — construction contract — clause limiting liability for defects — effect. Parties to a building or construction contract may stipulate as to remedies available […]
SAUKKOLA v. AIRTEX INDUSTRIES, 313 N.W.2d 921 (Minn. 1981)
Sandy SAUKKOLA, widow of Paul B. Saukkola, deceased, Respondent, v. AIRTEX INDUSTRIES and Liberty Mutual Insurance Co., Relators. No. 81-125.Supreme Court of Minnesota. December 31, 1981. Rehearing Denied February 8, 1982. Appeal from the Workers’ Compensation Court of Appeals. Page 922 Syllabus by the Court 1. Minn.Stat. § 176.111, subd. 11 (1980), specifically governs the […]
WERNIKIEWICZ v. STATE, A08-0419 (Minn.App. 2-24-2009)
Cezary Wernikiewicz, petitioner, Appellant, v. State of Minnesota, Respondent. No. A08-0419.Minnesota Court of Appeals. Filed February 24, 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 […]
STATE v. LANDA, 642 N.W.2d 720 (Minn. 2002)
State of Minnesota, Respondent, vs. Mitchell Jay Landa, petitioner, Appellant. No. C4-00-1673.Supreme Court of Minnesota. Filed: May 2, 2002. Appeal from the Minnesota Court of Appeals. Page 721 SYLLABUS The evidence was sufficient to support the verdict when three witnesses identified appellant as the robber, those witnesses’ identifications were consistent with their prior identifications of […]
FRAZIER v. EL-AMIN, A03-1886 (Minn.App. 9-7-2004)
Curtis Frazier, Respondent, v. Khalid Numan El-Amin, Appellant. No. A03-1886.Minnesota Court of Appeals. Filed September 7, 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 Court, […]
IN RE SOLLIDAY v. ST. PAUL UNION DEPOT CO., 178 Minn. 219 (1929)
226 N.W. 572 IN RE BARBARA SOLLIDAY v. ST. PAUL UNION DEPOT COMPANY. MINNEAPOLIS, ST. PAUL SAULT STE. MARIE RAILWAY COMPANY, APPELLANT.[1] No. 27,394.Supreme Court of Minnesota. August 2, 1929. [1] Reported in 226 N.W. 572. Appellant liable under operating agreement with depot company. An operating agreement between St. Paul Union Depot Company and the […]
STATE EX REL ERICKSON v. STROBEL, C8-01-942 (Minn.App. 10-9-2001)
State of Minnesota Regarding the Parties: April Ann Erickson, Respondent, v. Jeffrey Lewis Strobel, Appellant, and Ramsey County, Intervenor. No. C8-01-942.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. […]
HAUER v. INTEGRITY MUT. INS. CO., 352 N.W.2d 406 (Minn. 1984)
Eugene HAUER, as trustee for the heirs of Jeffery Lawrence Hauer, deceased, Respondent, v. INTEGRITY MUTUAL INSURANCE COMPANY, Appellant. No. C6-83-891.Supreme Court of Minnesota. August 3, 1984. Appeal from the District Court, Hennepin County, Richard J. Kantorowicz, J. Page 407 Syllabus by the Court Upon repeal of the mandatory offer provision, Minn.Stat. § 65B.49, subd. […]
STATE EX REL. WEBSTER v. MOELLER, 191 Minn. 193 (1934)
253 N.W. 668 STATE EX REL. JOSEPH WEBSTER, ALIAS JOSEPH HOGAN, v. GEORGE MOELLER.[1] No. 29,978.Supreme Court of Minnesota. March 14, 1934. [1] Reported in 253 N.W. 668. Extradition — indictment or affidavit — sufficiency. 1. “Complaint” sworn to on information and belief attached to requisition papers is sufficient “indictment” or “affidavit” to authorize the […]
FEGES v. PERKINS RESTAURANTS, INC., 465 N.W.2d 75 (Minn.App. 1991)
Patricia FEGES, Respondent (C0-90-1215), Appellant (C2-90-1216), v. PERKINS RESTAURANTS, INC., Appellant (C0-90-1215), Respondent (C2-90-1216). Nos. C0-90-1215, C2-90-1216.Minnesota Court of Appeals. January 15, 1991. Review Granted April 4, 1991. Appeal from the District Court, Ramsey County, Kathleen Gearin, J. Page 76 Syllabus by the Court 1. When a plaintiff’s prima facie case of age discrimination in […]
LAW ENF. LABOR SERVICES v. HENNEPIN CTY., 438 N.W.2d 438 (Minn.App. 1989)
LAW ENFORCEMENT LABOR SERVICES, INC., Appellant, v. COUNTY OF HENNEPIN and Donald Omodt, as Hennepin County Sheriff, Respondents. No. CX-88-2341.Minnesota Court of Appeals. April 18, 1989. Review Granted June 9, 1989. Syllabus by the Court A sherrif’s department grooming policy aimed at personal appearance of staff affects working conditions which are the subject of contract […]
HAGSTROM v. AMERICAN CIRCUIT BREAKER, 518 N.W.2d 46 (Minn.App. 1994)
Charles H. HAGSTROM and Richard A. Edlund, d/b/a C R ASSOCIATES, Appellants, v. AMERICAN CIRCUIT BREAKER CORPORATION, Respondent. No. C5-93-2424.Minnesota Court of Appeals. June 14, 1994. Review Denied August 24, 1994. Appeal from the District Court, Hennepin County, Harold Kalina, J. Page 47 Syllabus by the Court Independent business enterprises acting in good faith and […]
KURTZ v. CENTRAL LIVESTOCK ASSOCIATION, C1-97-890 (Minn.App. 1-20-1998)
STEVEN KURTZ, ET AL., Respondents, v. CENTRAL LIVESTOCK ASSOCIATION, INC., Defendant, MINNESOTA TRUST COMPANY OF AUSTIN, Appellant. No. C1-97-890, C1-97-1487.Minnesota Court of Appeals. Filed January 20, 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. […]
IN RE ZELLNER v. SAWYER, A03-390 (Minn.App. 12-2-2003)
In re the Marriage of: Marilia E. Zellner, petitioner, Respondent, v. Ruon S. Sawyer, Appellant. No. A03-390.Minnesota Court of Appeals. Filed: December 2, 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. […]
STATE v. HENSON, C2-02-297 (Minn.App. 7-2-2002)
State of Minnesota, Respondent, v. Brandon Eric Henson, Appellant. No. C2-02-297.Minnesota Court of Appeals. Filed July 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 the District […]
STATE v. BROWN, 376 N.W.2d 451 (Minn.App. 1985)
STATE of Minnesota, Respondent, v. Gerry Dean BROWN, Appellant. No. C1-85-589.Minnesota Court of Appeals. November 5, 1985. Review Denied December 19, 1985. Appeal from the District Court, Hennepin County, Neil A. Riley, J. Page 452 Syllabus by the Court 1. A federal statute was not violated when a drug treatment center released information to the […]
BLY v. GENSMER, 386 N.W.2d 767 (Minn.App. 1986)
Philip Mark BLY, et al., Appellants, v. Brian W. GENSMER, et al., Respondents. No. C4-86-340.Minnesota Court of Appeals. May 13, 1986. Appeal from the District Court, Hennepin County, O. Harold Odland, J. Syllabus by the Court Appellant’s did not possess an equitable lien on real property which would justify filing a notice of lis pendens. […]
ROCK DELL NORWEGIAN EV. LUTH. CONG. v. MOMMSEN, 174 Minn. 207 (1928)
219 N.W. 88 ROCK DELL NORWEGIAN EVANGELICAL LUTHERAN CONGREGATION AND OTHERS v. M. F. MOMMSEN AND OTHERS.[1] No. 26,325.Supreme Court of Minnesota. April 5, 1928. [1] Reported in 219 N.W. 88. Plaintiff congregation affiliated with the merger church. 1. The Rock Dell Norwegian Evangelical Lutheran Congregation, named as one of the plaintiffs, is a church […]
TROYER v. STATE, 324 N.W.2d 924 (Minn. 1982)
John G. TROYER, Petitioner, Appellant, v. STATE of Minnesota, Respondent. No. 82-501.Supreme Court of Minnesota. October 11, 1982. Appeal from the District Court, Hennepin County, Susanne C. Sedgwick, Minneapolis, J. Syllabus by the Court Postconviction court properly denied petition seeking resentencing according to the Minnesota Sentencing Guidelines. C. Paul Jones, Public Defender, and Brian Rademacher, […]
JAKUBIK v. COMMR. OF PUBLIC SAFETY, C0-97-2369 (Minn.App. 8-25-1998)
Cicely Jakubik, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. C0-97-2369.Minnesota Court of Appeals. Filed August 25, 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 […]
STATE v. GOOGINS, 255 N.W.2d 805 (Minn. 1977)
STATE of Minnesota, Respondent, v. Steven L. GOOGINS, Appellant. No. 46099.Supreme Court of Minnesota. June 3, 1977. Appeal from the District Court, Winona County, Glenn E. Kelley, J. C. Paul Jones, Public Defender, Minneapolis, for appellant. Warren Spannaus, Atty. Gen., Richard G. Mark, Asst. Atty. Gen., St. Paul, Craig H. Forsman, Sp. Asst. Atty. Gen., […]
WEILAND v. COMMR. OF PUBLIC SAFETY, C7-98-2220 (Minn.App. 7-27-1999)
James Douglas Weiland, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. C7-98-2220.Minnesota Court of Appeals. Filed July 27, 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 […]
DANIELSON v. REEVES, 211 Minn. 491 (1942)
1 N.W.2d 597 EUGENE DANIELSON v. HENRY C. REEVES AND ANOTHER.[1] No. 32,975.Supreme Court of Minnesota. January 2, 1942. [1] Reported in 1 N.W.2d 597. Negligence — in general — failure to exercise due or ordinary care. 1. Negligence is failure to exercise the care required by law under the circumstances. Same — care required […]
IN RE DISBARMENT OF E. J. MORTON, 190 Minn. 498 (1934)
252 N.W. 417 IN RE DISBARMENT OF E. J. MORTON.[1] No. 29,550.Supreme Court of Minnesota. January 19, 1934. [1] Reported in 252 N.W. 417. Attorney and client — attorney censured for misconduct. Proceeding for the disbarment of E.J. Morton. The matter was referred to the Honorable Harold Baker, one of the judges of the twelfth […]
IN RE MARRIAGE OF GOODYEAR-PeKARNA, A05-2366 (Minn.App. 6-27-2006)
In re the Marriage of: Kathryn M. Goodyear-PeKarna, petitioner, Appellant, v. Matthew DeWitt PeKarna, Respondent. Nos. A05-2366, A06-292.Minnesota Court of Appeals. Filed June 27, 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, […]
JACKSON v. EQUITABLE BUILDING AND LOAN ASSN., 194 Minn. 404 (1935)
260 N.W. 880 JOHN JACKSON v. EQUITABLE BUILDING AND LOAN ASSOCIATION.[1] No. 30,284.Supreme Court of Minnesota. May 3, 1935. [1] Reported in 260 N.W. 880. Building and loan association — action against association — evidence. Upon demand of defendant’s board of directors that defendant’s temporary manager and former officer in charge of its business procure […]
STATE v. JACOBSON, A06-1376 (Minn. 12-11-2007)
State v. Joni Lee Jacobson. No. A06-1376.Supreme Court of Minnesota. Filed: December 11, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
BOILY v. COMMISSIONER OF ECONOMIC SEC., 532 N.W.2d 607 (Minn.App. 1995)
James BOILY, D.D.S., Relator, v. COMMISSIONER OF ECONOMIC SECURITY, Respondent. No. C3-94-2447.Minnesota Court of Appeals. June 13, 1995. Syllabus by the Court An earlier audit determining that dentists performing professional services in relator’s clinic are independent contractors, combined with current substantial evidence supporting the audit’s determination, will negate the Commissioner’s subsequent decision that relator is […]
STATE v. GILL, A08-2282 (Minn.App. 4-7-2009)
State of Minnesota, Respondent, v. Lee Gill, Appellant. No. A08-2282.Minnesota Court of Appeals. April 7, 2009. Appeal from the District Court, Hennepin County District Court, Hon. Charles A. Porter, Jr. RECENT ORDER OPINIONS EDWARD TOUSSAINT, JR., Chief Judge. Reversed and remanded. Page 1
STATE v. SIMON, A05-685 (Minn. 8-15-2006)
State v. Charles James Simon. No. A05-685.Supreme Court of Minnesota. August 15, 2006. Denied.
STATE v. NELSON, C1-00-1663 (Minn.App. 6-12-2001)
State of Minnesota, Respondent, v. Robert Alan Nelson, Jr., Appellant. No. C1-00-1663.Minnesota Court of Appeals. Filed June 12, 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 […]
KUHNLE v. SWEDLUND, 220 Minn. 573 (1945)
20 N.W.2d 396 DELORES KUHNLE v. TED SWEDLUND AND OTHERS. GRETCHEN SANDBERG v. SAME.[1] Nos. 34,103, 34,104.Supreme Court of Minnesota. November 2, 1945. [1] Reported in 20 N.W.2d 396. Death — action for wrongful death — survival of right of action of person injured. Under L. 1941, c. 440 (Minn. St. 1941, § 573.01), if […]
FISHER v. STATE, 327 N.W.2d 30 (Minn. 1982)
Claude FISHER, Appellant, v. STATE of Minnesota, Respondent. No. 82-607.Supreme Court of Minnesota. December 17, 1982. Appeal from the District Court, Hennepin County, Jonathan Lebedoff, J. Page 31 Syllabus by the Court 1. Evidence of defendant’s guilt was sufficient. 2. Trial court did not prejudicially err in admitting evidence seized in warranted search, identification testimony, […]
STATE v. PERKINS, CX-97-905 (Minn.App. 11-4-1997)
State of Minnesota, Appellant, v. Donald Perkins, Respondent. No. CX-97-905.Minnesota Court of Appeals. Filed November 4, 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 Court, […]
BERKNER v. SEGAL, 168 Minn. 62 (1926)
209 N.W. 536 EDWARD F. BERKNER v. I. SEGAL.[1] No. 25,378.Supreme Court of Minnesota. June 25, 1926. [1] Reported in 209 N.W. 536. Vendee’s appeal from judgment granting vendor specific performance without merit. Plaintiff, by the written notice thereby provided for, elected to exercise a written option on land owned by defendant. Thereafter he brought […]
SINGH v. STATE FARM MUT. AUTO. INS. CO., 523 N.W.2d 348 (Minn.App. 1994)
Roopnarine John SINGH, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, defendant and Third-Party Plaintiff, Respondent (C9-94-931) Appellant (C0-94-980), v. Marjorie Lynn RENEAU, Third-Party Defendant, Appellant (C9-94-931) Respondent (C0-94-980), John R. Tiller, Third-Party Defendant, Respondent. Nos. C9-94-931, C0-94-980.Minnesota Court of Appeals. November 1, 1994. Appeal from the District Court, Anoka County, Stanley N. Thorup, J. […]
BERKE v. RESOLUTION TRUST CORP., 483 N.W.2d 712 (Minn.App. 1992)
Bernard S. BERKE, et al, Appellants, v. RESOLUTION TRUST CORPORATION as the Receiver for Midwest Savings Association, F.A., et al., Respondents. No. C6-91-1357.Minnesota Court of Appeals. March 31, 1992. Review Denied May 21, 1992. Appeal from the District Court, Dakota County, Harvey A. Holtan, J. Syllabus by the Court 1. State courts are not automatically […]
HAFNER v. SCHMITZ, 215 Minn. 245 (1943)
9 N.W.2d 713 FRANCES M. HAFNER v. EUGENE F. SCHMITZ.[1] No. 33,349.Supreme Court of Minnesota. May 21, 1943. [1] Reported in 9 N.W.2d 713. Deed — validity — undue influence. 1. In action by administratrix to set aside certain conveyances from deceased to defendant, son of deceased, and for an accounting of moneys flowing from […]
STATE, DEPARTMENT OF HIGHWAYS v. LAUSENG, 289 Minn. 344 (1971)
183 N.W.2d 926 STATE, DEPARTMENT OF HIGHWAYS, v. LEON EDWARD LAUSENG. No. 42540.Supreme Court of Minnesota. February 19, 1971. Highway traffic regulation — arrest for driving under influence of alcohol — conduct constituting refusal to permit chemical test. Where optional alternatives to a direct blood test are made available to a driver under arrest for […]
NAYLOR v. McDONALD, 185 Minn. 518 (1932)
241 N.W. 674 CATHERINE C. NAYLOR v. DAN McDONALD.[1] No. 28,784.Supreme Court of Minnesota. March 18, 1932. [1] Reported in 241 N.W. 674. Trial — errors in charge. 1. As pointed out in the opinion, there were several errors in the charge of the court. Appeal and error — new trial for errors in charge […]
WELFARE OF J.M.B., C7-02-2188 (Minn.App. 7-1-2003)
Welfare of: J.M.B., Juvenile. No. C7-02-2188.Minnesota Court of Appeals. July 1, 2003. Appeal from Scott County, Hon. Edward Lynch. Shumaker, J. Reversed and remanded. CASES DISPOSED BY ORDER OPINION WEEK OF JUNE 26, 2003, THROUGHJULY 2, 2003
IN RE NELSON, 766 N.W.2d 701 (Minn. 2009)
In re Petition for DISCIPLINARY ACTION AGAINST John Norman NELSON, Jr., a Minnesota Attorney, Registration No. 296120. No. A09-615.Supreme Court of Minnesota. June 17, 2009. ORDER On April 28, 2009, the court suspended respondent John Norman Nelson, Jr., for a period of 30 days. Respondent has filed an affidavit with the court stating that he […]
OSTERBAUER v. STATE, CX-00-1810 (Minn.App. 6-5-2001)
Kristin Lynn Osterbauer, petitioner, Appellant, v. State of Minnesota, Respondent. No. CX-00-1810.Minnesota Court of Appeals. Filed June 5, 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 […]
DAKINAH v. SULLIVAN, A10-2185 (Minn.App. 9-26-2011)
Catherine Dakinah, Appellant, v. John Sullivan, Respondent. No. A10-2185.Minnesota Court of Appeals. Filed September 26, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the District Court, Hennepin […]
STRAND v. ALLIED INSULATION SUPPLY CO., A06-1623 (Minn.App. 8-21-2007)
Zoe Strand, et al., Plaintiffs, v. Allied Insulation Supply Co., et al., Defendants, and General Pipe Covering, Inc., Defendant and Third Party Plaintiff, Appellant, v. Quality Insulation, Inc., Third Party Defendant, Respondent, Econ Insulation, Inc., Third Party Defendant, Respondent. No. A06-1623.Minnesota Court of Appeals. Filed August 21, 2007. [EDITOR’S NOTE: This case is unpublished as […]
STATE v. BROWN, 732 N.W.2d 625 (Minn. 2007)
STATE of Minnesota, Respondent, v. Jermaine Sean BROWN, Appellant. No. A05-1041.Supreme Court of Minnesota. June 7, 2007. Appeal from the District Court, Blue Earth County. Page 626 SYLLABUS The state failed to present sufficient evidence that defendant knew of an alleged conspiracy. John Stuart, State Public Defender, Marie L. Wolf, Assistant State Public Defender, Minneapolis, […]
STATE v. MARMON, A10-1866 (Minn. 12-13-2011)
State v. Starrie Keith Marmon. No. A10-1866.Supreme Court of Minnesota. Filed December 13, 2011. ORDER ON PETITION FOR FURTHER REVIEW Denied Page 1
MINNESOTA STATE BAR ASSN. v. DIVORCE EDUC. ASSOC., 300 Minn. 323 (1974)
219 N.W.2d 920 MINNESOTA STATE BAR ASSOCIATION v. DIVORCE EDUCATION ASSOCIATES AND OTHERS. No. 45086.Supreme Court of Minnesota. June 28, 1974. Judges — judge disqualifying himself — power to make order to preserve evidence. Mandamus in this court upon the petition of Charles Thibodeau and Donna Thibodeau to set aside an order of the Hennepin […]
STATE v. JOHNSON, C2-03-245 (Minn.App. 8-26-2003)
State of Minnesota, Respondent, v. Antanie Devon Johnson, Appellant. No. C2-03-245.Minnesota Court of Appeals. Filed August 26, 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 […]
SCHMID v. SCHMID, A04-2386 (Minn.App. 8-9-2005)
Dennis H. Schmid, petitioner, Respondent, v. Ellen M. Schmid, Appellant. No. A04-2386.Minnesota Court of Appeals. Filed August 9, 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 […]
IN MATTER OF THE WELFARE OF R.A., A07-1180 (Minn. 8-5-2008)
In the Matter of the Welfare of: R.A., Jr., Child. No. A07-1180.Supreme Court of Minnesota. Filed August 5, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
JOHNSON v. SAMPSON, 167 Minn. 203 (1926)
208 N.W. 814 MABEL JOHNSON v. E.K. SAMPSON AND ANOTHER.[1] No. 25,218.Supreme Court of Minnesota. April 30, 1926. [1] Reported in 208 N.W. 814. Definition of assault. 1. An assault is an inchoate battery. Actual physical contact is not, but violence, threatened or offered, is an essential element. Mere words or threats are not enough […]
HOEFT v. HENNEPIN COUNTY, 754 N.W.2d 717 (Minn.App. 2008)
Mary HOEFT, et al., Appellants, v. HENNEPIN COUNTY, et al., Respondents, City of St. Louis Park, et al., Respondents. No. A07-1587.Minnesota Court of Appeals. August 19, 2008. Appeal from the District Court, Ramsey County, Teresa R. Warner, J. Page 718 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]
LUNDBERG v. NORTHWESTERN NAT. BANK, 299 Minn. 46 (1974)
216 N.W.2d 121 CARL M. LUNDBERG AND ANOTHER v. NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS AND ANOTHER, TRUSTEES OF TRUST CREATED BY WILL OF M. E. TEGELS. No. 44196.Supreme Court of Minnesota. March 22, 1974. Mortgages — foreclosure after action on note is barred — recovery of interest. 1. A mortgage and the note which it […]