110 N.W.2d 168 GEORGE L. TRIMBO, d.b.a. ST. PETER TEXACO SERVICE, v. MINNESOTA VALLEY NATURAL GAS COMPANY. No. 38,189.Supreme Court of Minnesota. June 30, 1961. Negligence — negligence of gas company — unsafe appliance — duty to inspect or shut off gas. 1. Whenever a gas company is in possession of facts that would suggest […]
Category: Minnesota Court Opinions
ZAHN-AMSLER v. MINNESOTA THORACIC ASSOC., C3-00-224 (Minn.App. 7-25-2000)
Cindy Zahn-Amsler, as Trustee on behalf of the heirs of Deceased Dorothy A. Zahn, Appellant, v. Minnesota Thoracic Associates, P.A., et al., Respondents, Allina Health Systems d/b/a Mercy Hospital, Respondent. No. C3-00-224.Minnesota Court of Appeals. Filed July 25, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be […]
TIBBETTS v. CROSSROADS, INC., 411 N.W.2d 535 (Minn.App. 1987)
Jack D. TIBBETTS, Appellant, v. CROSSROADS, INC., Thomas Kelly, Respondents. No. C1-87-421.Minnesota Court of Appeals. September 1, 1987. Appeal from the District Court, Hennepin County, Chester Durda, J. Page 536 Syllabus by the Court 1. Appellant presented no genuine issues of material fact in his claims for invasion of privacy, intentional or negligent infliction of […]
NEWAGO v. COMMR. OF PUBLIC SAFETY, C2-99-1115 (Minn.App. 1-11-2000)
Matthew John Newago, Respondent, v. Commissioner of Public Safety, Appellant. No. C2-99-1115.Minnesota Court of Appeals. Filed January 11, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
STATE v. EDWARDS, C5-03-319 (Minn.App. 5-18-2004)
State of Minnesota, Respondent, v. Keith Reginald Kolongi Edwards, Appellant. No. C5-03-319.Minnesota Court of Appeals. Filed May 18, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
JOHNSON v. STATE, 486 N.W.2d 825 (Minn.App. 1992)
Darrell A. JOHNSON, Petitioner, Appellant, v. STATE of Minnesota, Respondent. No. C2-92-295.Minnesota Court of Appeals. July 7, 1992. Review Denied August 27, 1992. Appeal from the District Court, Hennepin County, Gary Larson, J. Page 826 Syllabus by the Court A postconviction proceeding is not a separate action providing a defendant the right to one automatic […]
JOHNSON v. INDEPENDENT SCHOOL DISTRICT, CX-00-1998 (Minn.App. 6-5-2001)
Martha Johnson, Appellant, vs. Independent School District No. 118, et al., Respondents. No. CX-00-1998.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 […]
STATE v. KITTERMAN, A09-1301 (Minn. 6-29-2010)
State v. Connie Lynn Kitterman. No. A09-1301.Supreme Court of Minnesota. Filed June 29, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
WESTPHAL v. COMMISSIONER OF TAXATION, 265 Minn. 434 (1963)
122 N.W.2d 123 MARY C. WESTPHAL AND OTHERS v. COMMISSIONER OF TAXATION. No. 38,658.Supreme Court of Minnesota. May 29, 1963. Taxation — inheritance tax — transfers upon which tax may be imposed. 1. Under Minn. St. 291.01 an inheritance tax may be imposed upon transfer of property by will; by the intestate laws of this […]
IN RE ESTATE OF BEECHAM, 378 N.W.2d 800 (Minn. 1985)
In re ESTATE OF Sara Edith BEECHAM, a.k.a. Edith Beecham, Deceased. No. CX-84-550.Supreme Court of Minnesota. December 27, 1985. Appeal from the District Court, Ramsey County, Harold W. Schultz, J. Page 801 Syllabus by the Court 1. Under the facts and circumstances existing, the trial court’s holding that the presumption of gratuity for personal services, […]
MURRAY v. CALKINS, 191 Minn. 460 (1934)
254 N.W. 605 JAMES MURRAY AND OTHERS v. WILLIAM FENLON CALKINS AND OTHERS.[1] No. 29,843.Supreme Court of Minnesota. April 27, 1934. [1] Reported in 254 N.W. 605. Executor and administrator — decree of distribution — conclusiveness. 1. A decree of the probate court distributing the estate of a person deceased is a judgment in rem, […]
SCHULTZ v. LUDEMAN, A06-1406 (Minn.App. 5-8-2007)
Larry Schultz, Appellant, Rodger D. Robb, II, Appellant, v. Cal Ludeman, et al., Respondents. No. A06-1406.Minnesota Court of Appeals. Filed May 8, 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 […]
STATE, BY LORD, v. NORTH STAR CONCRETE CO., 265 Minn. 483 (1963)
122 N.W.2d 118 STATE, BY MILES LORD, ATTORNEY GENERAL, v. NORTH STAR CONCRETE COMPANY. No. 38,671.Supreme Court of Minnesota. June 7, 1963. Eminent domain — taking of land for highway — extent — nature of interest acquired — effect of determination to take less than fee. 1. Minn. St. 161.20 vests in the commissioner of […]
IN MATTER OF KEMPTON, C5-01-1143 (Minn.App. 11-27-2001)
In the Matter of: Judith Kempton. No. C5-01-1143.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 Court, Olmsted County, […]
DISCIPLINARY ACTION AGAINST HAMPTON, 500 N.W.2d 131 (Minn. 1993)
In re the Petition for DISCIPLINARY ACTION AGAINST Robert J. HAMPTON, an Attorney at Law of the State of Minnesota. No. C0-90-1568.Supreme Court of Minnesota. June 4, 1993. ORDER WHEREAS, on April 16, 1992, the Director of the Office of Lawyers Professional Responsibility filed with this court a petition for revocation of probation and further […]
STATE v. MISQUADACE, 644 N.W.2d 65 (Minn. 2002)
State of Minnesota, petitioner, Appellant, vs. Keith Edward Misquadace, Respondent. No. C4-01-81.Supreme Court of Minnesota. Filed: May 9, 2002. Appeal from the Minnesota Court of Appealsm, Shumaker, J. Page 66 SYLLABUS The sentencing court erred by basing its departures from the presumptive sentences under the Minnesota Sentencing Guidelines solely on a plea agreement without additional […]
IN RE PETITION OF GARRITSON, 304 Minn. 133 (1975)
229 N.W.2d 36 IN RE PETITION OF DAVID WAYNE GARRITSON v. STATE. No. 44948.Supreme Court of Minnesota. May 9, 1975. Criminal law — proceeding challenging extradition — issue not determined. A summary hearing such as habeas corpus proceedings challenging extradition in an asylum state does not entitle an accused to the full panoply of procedural […]
REIN RECREATION, INC. v. CITY OF ST. PAUL, 298 N.W.2d 51 (Minn. 1980)
REIN RECREATION, INC., f.k.a. Watergate Marina, Inc., and Clayton G. Rein, Individually, Appellants, v. CITY OF ST. PAUL, Respondent. No. 49624.Supreme Court of Minnesota. August 22, 1980. Appeal from the District Court, Ramsey County, Stephen Maxwell, J. Page 52 Larkin, Hoffman, Daly Lindgren, James P. Larkin, Christopher J. Dietzen, Wendell R. Anderson, and James P. […]
IN RE DISCIPLINARY ACTION AGAINST JENNINGS, 696 N.W.2d 386 (Minn. 2005)
In re Petition for DISCIPLINARY ACTION AGAINST Larry Martin JENNINGS, a Minnesota Attorney, Registration No. 202630. No. A04-2371.Supreme Court of Minnesota. May 26, 2005. ORDER On January 14, 2005, this court suspended respondent Larry Martin Jennings from the practice of law for a period of 90 days followed by two years of conditional probation. In […]
WEST ST. PAUL v. LAW ENFORCEMENT LABOR SERV., 481 N.W.2d 31 (Minn. 1992)
CITY OF WEST ST. PAUL, Petitioner, Appellant, v. LAW ENFORCEMENT LABOR SERVICES, INC., Respondent. No. CX-90-1349.Supreme Court of Minnesota. February 14, 1992. Appeal from the District Court, Dakota County, Edward I. Lynch, J. Page 32 Syllabus by the Court A public employer is required to negotiate those aspects of implementation of an inherently managerial policy […]
CAMPBELL v. COMMR. OF PUBLIC SAFETY, C5-97-147 (Minn.App. 8-19-1997)
THERESA MARIE CAMPBELL, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C5-97-147.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, subd. 3 (1996). Appeal from […]
FLYNN v. SAWYER, 272 N.W.2d 904 (Minn. 1978)
Neil P. FLYNN and Lucia Flynn, Respondents, v. Robert T. SAWYER and Violette I. Sawyer, Appellants. No. 48214.Supreme Court of Minnesota. November 24, 1978. Appeal from the District Court, Sibley County, Raymond Pavlak, J. Page 905 Page 906 Syllabus by the Court 1. Parol evidence is admissible when a written agreement is incomplete or ambiguous, […]
TOWNSHIP OF FERGUS FALLS v. FERGUS FALLS, 357 N.W.2d 428 (Minn.App. 1984)
TOWNSHIP OF FERGUS FALLS, Appellant, v. CITY OF FERGUS FALLS, Minnesota Municipal Board, Respondents. No. CX-83-1901.Minnesota Court of Appeals. November 13, 1984. Appeal from the District Court, Ottertail County, Gaylord Saetre, J. Syllabus by the Court Under the terms of an orderly annexation agreement between the township of Fergus Falls and the city of Fergus […]
SCOTT v. PRUDENTIAL INSURANCE CO., 203 Minn. 547 (1938)
282 N.W. 467 MAE T. SCOTT v. PRUDENTIAL INSURANCE COMPANY OF AMERICA.[1] No. 31,709.Supreme Court of Minnesota. November 25, 1938. [1] Reported in 282 N.W. 467. Insurance — action on life policy — defenses — suicide. 1. That the deceased died from a gunshot wound in the right side of the head one inch above […]
STATE v. PROKAEVA, C1-02-551 (Minn.App. 2-25-2003)
State of Minnesota, City of Golden Valley, Respondent, v. Tatiana Prokaeva, Appellant. No. C1-02-551.Minnesota Court of Appeals. Filed February 25, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal […]
STATE v. BRITTON, C9-98-968 (Minn.App. 2-2-1999)
State of Minnesota Respondent, v. Launair Gerard Britton, Appellant. No. C9-98-968.Minnesota Court of Appeals. Filed February 2, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District […]
DOMINECK v. BEDDING GROUP, A05-1559 (Minn.App. 3-28-2006)
Reginald J. Domineck, Relator, v. The Bedding Group, Respondent. Department of Employment and Economic Development, Respondent. No. A05-1559.Minnesota Court of Appeals. Filed March 28, 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, […]
ERICSON v. KOCH, 168 Minn. 105 (1926)
209 N.W. 624 PAUL J.J. ERICKSON v. WILLIAM KOCH AND OTHERS.[1] No. 25,375.Supreme Court of Minnesota. July 2, 1926. [1] Reported in 209 N.W. 624. Verdict for assault, as reduced by trial court, not excessive and charge as to punitive damages correct. In an action to recover damages resulting from an assault the record has […]
IN RE D.F.C., A06-1661 (Minn.App. 1-15-2008)
In the Matter of the Findings of Abuse by D.F.C., Appellant, v. Minnesota Commissioner of Health, Respondent. No. A06-1661.Minnesota Court of Appeals. Filed January 15, 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. § […]
IN RE MARRIAGE OF BATES v. BATES, A10-793 (Minn.App. 1-11-2011)
In re the Marriage of: Michael Edward Bates, petitioner, Appellant, v. Jeanette May Bates, Respondent. No. A10-793.Minnesota Court of Appeals. Filed January 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. […]
HESS v. NEYENS, C6-95-2324 (Minn.App. 8-6-1996)
DOUGLAS M. HESS, Appellant, v. CURTIS NEYENS, AS PERSONAL REPRESENTATIVE OF THE EMIL NEYENS ESTATE, Respondent. No. C6-95-2324.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, […]
EXSTED v. OTTO, 206 Minn. 644 (1939)
287 N.W. 602 MARGARET E. EXSTED v. GILBERT OTTO.[1] No. 31,668.Supreme Court of Minnesota. July 21, 1939. [1] Reported in 287 N.W. 602. Motion by plaintiff as administratrix of the estate of Harry H. Exsted to have the judgment for costs in the amount of $33.90 entered against her in this court set off upon […]
HALLIWILL v. MUTUAL SERVICE CASUALTY INSURANCE CO., 257 Minn. 252 (1960)
100 N.W.2d 817 ORAL HALLIWILL, SPECIAL ADMINISTRATOR OF ESTATE OF DAN G. HALLIWILL, v. MUTUAL SERVICE CASUALTY INSURANCE COMPANY. No. 37,981.Supreme Court of Minnesota. January 29, 1960. Venue — action on insurance policy. 1. Under M.S.A. 542.09 an action may be instituted on an insurance contract where part of the cause of action arose even […]
THOMPSON v. FIRST NAT. BANK OF ST. PAUL, 360 N.W.2d 446 (Minn.App. 1985)
Mychal THOMPSON, et al., Petitioners, v. The FIRST NATIONAL BANK OF ST. PAUL, Respondent. No. C2-84-1109.Minnesota Court of Appeals. January 15, 1985. Review Denied March 21, 1985. Appeal from the District Court, Hennepin County, Neil A. Riley, J. Syllabus by the Court Minnesota Courts have jurisdiction over a non-resident who worked at a Minnesota basketball […]
TERRELL v. STATE FARM INS. CO., 346 N.W.2d 149 (Minn. 1984)
James TERRELL, Respondent, v. STATE FARM INSURANCE CO., Appellant. No. C8-83-374.Supreme Court of Minnesota. March 30, 1984. Appeal from the District Court, Stearns County, Paul Hoffman, J. Syllabus by the Court An automobile insurer is absolved from liability to pay basic economic loss benefits under a policy of no-fault insurance when the insured fails to […]
LEE v. LEE, 405 N.W.2d 496 (Minn.App. 1987)
In re the Marriage of Lynne T. LEE, Petitioner, Appellant, v. Philip N. LEE, Respondent. No. C8-86-1944.Minnesota Court of Appeals. May 12, 1987. Appeal from the District Court, Ramsey County, Hyam Segell, J. Page 497 Syllabus by the Court The trial court did not abuse its discretion in forgiving child support arrearages not willfully incurred. […]
STATE v. ROSSOW, 310 Minn. 399 (1976)
247 N.W.2d 398 STATE v. GARY A. ROSSOW. No. 45635.Supreme Court of Minnesota. October 8, 1976. Highway traffic regulation — conviction of driving with blood alcohol of over .10 percent — admissibility of results of blood test. Upon defendant’s appeal from a conviction of driving a motor vehicle with blood alcohol exceeding 0.10 percent in […]
SUNDBERG v. ABBOTT, 423 N.W.2d 686 (Minn.App. 1988)
Carol H. SUNDBERG, et al., Respondents, v. Charles M. ABBOTT, et el., Leonard F. Lampert, Appellants, David C. Donnelly, et al., Defendants, Lampert Lumber Company, Appellant. No. C8-87-2084.Minnesota Court of Appeals. May 3, 1988. Review Denied June 29, 1988. Appeal from the District Court, Ramsey County, Bertrand Poritsky, J. Page 687 Syllabus by the Court […]
ANDERSON v. RIES, 222 Minn. 408 (1946)
24 N.W.2d 717 ROBERT O. ANDERSON AND ANOTHER v. A. J. RIES.[1] No. 34,292.Supreme Court of Minnesota. November 1, 1946. [1] Reported in 24 N.W.2d 717. Landlord and tenant — sublease — by tenant at will with delivery of possession to sublessee. 1. A sublease by a tenant at will under which the sublessee enters […]
HANNON v. SANNER, A07-1281 (Minn.App. 6-24-2008)
Kevin Terrance Hannon, petitioner, Appellant, v. John Sanner, et al., Respondents, Jeffery Oxton, Respondent, The Honorable Vicki E. Landwehr, et al., Respondents. No. A07-1281.Minnesota Court of Appeals. Filed June 24, 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 […]
STATE v. IVERSON, C5-00-113 (Minn.App. 10-11-2000)
State of Minnesota, Respondent, vs. Tony Lee Iverson, Appellant. No. C5-00-113.Minnesota Court of Appeals. Filed October 11, 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 […]
STATE v. NEWMAN, 408 N.W.2d 894 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. Thomas NEWMAN, Appellant. No. Cl-86-1672.Minnesota Court of Appeals. June 30, 1987. Review Denied August 19, 1987. Appeal from the District Court, Hennepin County, Stanley D. Kane, J. Page 895 Syllabus by the Court 1. It is within a jury’s power of lenity to convict on attempted first degree criminal sexual […]
STATE v. BERNARD, A08-0720 (Minn.App. 2-24-2009)
State of Minnesota, Respondent, v. Troy Michael Bernard, Appellant. No. A08-0720.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 […]
BJORKLUND v. BJORKLUND TRUCKING, A07-1327 (Minn. 9-23-2008)
Harold E. Bjorklund, Trustee of the Harold E. Bjorklund Revocable Trust U/A January 14, 2004 v. Bjorklund Trucking, Inc. No. A07-1327.Supreme Court of Minnesota. Filed: September 23, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
DISCIPLINARY ACTION AGAINST INCE, 458 N.W.2d 112 (Minn. 1990)
In re the Petition for DISCIPLINARY ACTION AGAINST Richard T. INCE, an Attorney at Law of the State of Minnesota. No. C5-90-1128.Supreme Court of Minnesota. July 30, 1990. ORDER WHEREAS, on May 23, 1990, this court placed petitioner Richard T. Ince on supervised probation for a period of 2 years, pursuant to a stipulation between […]
RICHARDS v. MILWAUKEE INS. CO., 518 N.W.2d 26 (Minn. 1994)
Rodney Lynn RICHARDS, Respondent, v. MILWAUKEE INSURANCE CO., Petitioner, Appellant. No. C2-93-596.Supreme Court of Minnesota. June 30, 1994. Rehearing Denied August 18, 1994. Appeal from the District Court, Cass County, John P. Smith, J. Syllabus by the Court In determining whether a tortfeasor’s vehicle is underinsured, the term “actual damages” as used in the statutory […]
BRAVO v. REIL, 218 Minn. 315 (1944)
15 N.W.2d 871 JOHN BRAVO v. GEORGE REIL.[1] No. 33,758.Supreme Court of Minnesota. October 13, 1944. [1] Reported in 15 N.W.2d 871. Automobile — injury to pedestrian — contributory negligence. 1. In action involving a collision between an automobile and a pedestrian, record sustains verdict for defendant. New trial — newly discovered evidence. 2. There […]
STATE v. LUUKKONEN, C4-96-324 (Minn.App. 10-1-1996)
State of Minnesota, Respondent, v. Albert Anthony Luukkonen, Appellant. No. C4-96-324.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). Appeal from the District […]
STATE v. CARON, C9-97-278 (Minn.App. 11-18-1997)
STATE OF MINNESOTA, Respondent, v. GARY DAVID CARON, Appellant. No. C9-97-278.Minnesota Court of Appeals. Filed November 18, 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 […]
OLSON v. STATE, C5-98-336 (Minn.App. 8-18-1998)
NANCY ANN OLSON, petitioner, Appellant, v. STATE OF MINNESOTA, Respondent. No. C5-98-336.Minnesota Court of Appeals. Filed August 18, 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). Appeal from the […]
MARY BOYNTON TOWNSEND v. NELS ANDERSON, 163 Minn. 518 (1925)
204 N.W. 330 MARY BOYNTON TOWNSEND v. NELS ANDERSON.[1] No. 24,679.Supreme Court of Minnesota. June 19, 1925. [1] Reported in 204 N.W. 330. Finding sustained. Question of fact correctly decided by trial court. [Reporter.] Action in the district court for Lyon county. The case was tried before Gislason, J., who ordered judgment in favor of […]
ALLROGGEN v. CARTER, 170 Minn. 153 (1927)
212 N.W. 1 MORRIS ALLROGGEN AND ANOTHER v. A.C. CARTER AND NORTHEAST INVESTMENT COMPANY.[1] No. 25,756.Supreme Court of Minnesota. February 4, 1927. [1] Reported in 212 N.W. 1. Usury evident as matter of law. Plaintiffs borrowed from defendant $1,500. In their written application to defendant they agreed to pay interest at the rate of ten […]
BENSON v. BARRET, 171 Minn. 305 (1927)
214 N.W. 47 EDWARD H. BENSON v. MIKE BARRETT AND ANOTHER.[1] No. 25,997.Supreme Court of Minnesota. May 13, 1927. [1] Reported in 214 N.W. 47. Complaint against surety of road contractor sufficient. 1. Complaint considered in connection with the contract and bond sued upon and held to state a cause of action against the surety. […]
STATE v. STEWART, 624 N.W.2d 585 (Minn. 2001)
State of Minnesota, Respondent, vs. Michael Charles Stewart, Appellant. No. C6-00-234.Supreme Court of Minnesota. Filed: April 19, 2001 District Court, Ramsey County, Edward Wilson, J. Page 586 SYLLABUS 1. First-degree manslaughter (heat of passion) in Minn. Stat. § 609.20 (2000) is not limited to a crime committed against the provocateur. 2. Appellant is not entitled […]
SANCHEZ v. WESTERN CAS. SUR. CO., 404 N.W.2d 407 (Minn.App. 1987)
Jose SANCHEZ, d.b.a. Sanchez Auto Service, Appellant, v. WESTERN CASUALTY SURETY COMPANY, Respondent. No. C1-86-2210.Minnesota Court of Appeals. April 28, 1987. Appeal from the District Court, Hennepin County, Donald E. Gross, J. Page 408 Syllabus by the Court The record supports the trial court’s grant of summary judgment. Ralph S. Parker, II, Minneapolis, for appellant. […]
TESLOW v. NORTHWEST AIRLINES, INC., A10-586 (Minn.App. 12-28-2010)
Stephani Teslow, Relator, v. Northwest Airlines, Inc., Respondent; Department of Employment and Economic Development, Respondent. No. A10-586.Minnesota Court of Appeals. December 28, 2010. Appeal from the Department of Employment and Economic Development. RECENT ORDER OPINIONS EDWARD TOUSSAINT, JR., Judge. Reversed. Page 1
STATE EX REL. BLEE v. CITY OF ROCHESTER, 260 Minn. 151 (1961)
109 N.W.2d 44 STATE EX REL. MICHAEL M. BLEE AND ANOTHER v. CITY OF ROCHESTER AND OTHERS. No. 38,182.Supreme Court of Minnesota. May 5, 1961. Municipal corporations — annexation proceeding — petition by “owners” — meaning of owners. 1. Vendees in a contract of sale of land are “owners” to the exclusion of vendors within […]
STATE v. PITA-IGLESIA, 393 N.W.2d 524 (Minn.App. 1986)
STATE of Minnesota, Respondent, v. Orestes PITA-IGLESIA, Appellant. No. C2-86-224.Minnesota Court of Appeals. September 30, 1986. Review Denied November 17, 1986. Appeal from the District Court, Hennepin County, Robert G. Schiefelbein, J. Page 525 Syllabus by the Court Evidence was sufficient to establish that defendant did not act in self-defense and was guilty of second […]
MARTIN BROTHERS CO. v. LANESBORO CO-OP. MERCANTILE, 198 Minn. 321 (1936)
270 N.W. 10 MARTIN BROTHERS COMPANY v. LANESBORO CO-OPERATIVE MERCANTILE COMPANY.[1] No. 30,919.Supreme Court of Minnesota. November 27, 1936. [1] Reported in 270 N.W. 10. Payment — application of payments. 1. A debtor has the right to direct upon which part of an indebtedness any specific payment is to be applied; or, if the debtor […]
RENVILLE STATE BANK v. LENTZ, JR., 171 Minn. 431 (1927)
214 N.W. 467 RENVILLE STATE BANK v. FERDINAND LENTZ, JR. AND ANOTHER.[1] No. 26,116.Supreme Court of Minnesota. June 3, 1927. [1] Reported in 214 N.W. 467. Judgment for money loaned to purchase homestead cannot be made a lien on the premises. Plaintiff loaned money to defendants, husband and wife, for the purchase of a homestead […]
MILLER v. GOODHUE-RICE-WABASHA CIT. ACTION COUNCIL, 293 Minn. 454 (1972)
197 N.W.2d 424 ELMER MILLER v. GOODHUE-RICE-WABASHA CITIZENS ACTION COUNCIL, INC., AND ANOTHER. No. 43234.Supreme Court of Minnesota. April 21, 1972. Workmen’s compensation — compensable injuries — injuries sustained by physically handicapped employee. Certiorari upon the relation of Goodhue-Rice-Wabasha Citizens Action Council, Inc., employer, and Western Casualty and Surety Company, its insurer, to review a […]
STATE OF GA. EX REL. BROOKS v. BRASWELL, 474 N.W.2d 346 (Minn. 1991)
In re the Matter of STATE OF GEORGIA, ex rel., Mary A. BROOKS, Petitioner, Appellant, v. Kenneth BRASWELL, Respondent. No. C4-90-570.Supreme Court of Minnesota. September 6, 1991. Appeal from the District Court, Ramsey County, Mary L. Klas, J. Page 347 Syllabus by the Court Once the time for appeal has expired, the district court properly […]
REILAND v. LIND, C4-97-575 (Minn.App. 11-25-1997)
JAMES B. REILAND, Appellant, v. MARIE LIND, ET AL., Respondents. No. C4-97-575.Minnesota Court of Appeals. Filed November 25, 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 […]
WILDTRAUT v. WILDTRAUT, 391 N.W.2d 550 (Minn.App. 1986)
In re the Marriage of Jean Marie WILDTRAUT, Petitioner, Respondent, v. Daniel S. WILDTRAUT, Appellant. No. C2-86-353.Minnesota Court of Appeals. August 12, 1986. Appeal from the County Court, Dakota County, Lawrence L. Lenertz, J. Syllabus by the Court The trial court erred in modifying child support without findings on the needs of the children and […]
ANDERSON v. CITY OF ST. PAUL, A09-1269 (Minn.App. 5-11-2010)
Leonard N. Anderson, Relator (A09-1269), Appellant (A09-1288), v. City of St. Paul, Respondent. Nos. A09-1269, A09-1288.Minnesota Court of Appeals. Filed May 11, 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 […]
IN RE APPLICATION FOR REINSTATEMENT OF OSSANNA, 288 Minn. 541 (1970)
180 N.W.2d 260 IN RE APPLICATION FOR REINSTATEMENT OF FRED A. OSSANNA. No. 39008.Supreme Court of Minnesota. September 11, 1970. Attorney and client — reinstatement of disbarred attorney — burden on petitioner. Proceeding upon the petition of Fred A. Ossana for reinstatement as an attorney at law of this state. Petition denied. Hvass, Weisman, King […]
BUBAR v. DIZDAR, 240 Minn. 26 (1953)
60 N.W.2d 77 CHARLES BUBAR v. MARKO DIZDAR AND OTHERS.[1] No. 36,016.Supreme Court of Minnesota. July 17, 1953. [1] Reported in 60 N.W.2d 77. Appeal and error — appealable order. 1. An order denying the motion of a defendant, appearing specially for that purpose, to set aside the service of a summons upon him is […]
BLACK v. RIMMER, A04-2185 (Minn. 9-28-2005)
Margaret Black and Gary Coopman, as trustees for the next of kin of Angela Marie Black, decedent; and Shia Lynn Black, by and through her natural guardian, Margaret Black v. Philip Rimmer and Shelly Otto, as trustee for the next of kin of Zoe Patricia Kloster, decedent; and Jennifer Cemenski v. Philip Rimmer. Nos. A04-2185, […]
STATE v. BAIRD, 654 N.W.2d 105 (Minn. 2002)
State of Minnesota, Petitioner, Appellant, vs. Jeffrey Warren Baird, Respondent. No. C1-01-894.Supreme Court of Minnesota. Filed: December 5, 2002. Page 106 Appeal from the Minnesota Court of Appeals. Page 107 SYLLABUS 1. The rule in State v. Glowacki, 630 N.W.2d 392 (Minn. 2001), that when acting in self-defense there is no duty to retreat from […]
WITZMAN v. WOLFSON, C7-98-421 (Minn.App. 10-13-1998)
JOYCE WITZMAN, Appellant, v. BLAIR WOLFSON, Respondent. No. C7-98-421.Minnesota Court of Appeals. Filed October 13, 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 Court, Hennepin […]
MORRIS v. MATHESON, C5-98-2300 (Minn. 9-14-1999)
Mark A. Morris v. Robert Matheson, d/b/a Matheson Financial Services. No. C5-98-2300.Supreme Court of Minnesota. Decided September 14, 1999. Denied.
IN RE ARGUELLO v. MacPHEE, C8-02-1065 (Minn.App. 3-11-2003)
In re: Domingo Abarca, a/k/a Domingo Abarca Arguello, petitioner, Appellant, vs. Briana Jo MacPhee, Respondent. No. C8-02-1065.Minnesota Court of Appeals. Filed: March 11, 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. […]
UNITED SHIPPING CO. v. TUCKER CO., 474 N.W.2d 835 (Minn.App. 1991)
The BANKRUPTCY ESTATE OF UNITED SHIPPING COMPANY, INC., Appellant, (C2-91-402) v. TUCKER COMPANY, Respondent. (C2-91-402). UNITED SHIPPING COMPANY, INC., Appellant, (C5-91-457) v. NATIONAL AUTOMOTIVE RUBBER MARKETING, INC. d/b/a N.A.R.M. Transportation Brokerage, Respondent. (C5-91-457). Nos. C2-91-402, C5-91-457.Minnesota Court of Appeals. August 27, 1991. Review Denied October 31, 1991. Appeal from the District Court, Hennepin County, Thomas […]
HOUSING REDEV. AUTH., ST. PAUL v. ExxonMOBIL, A05-511 (Minn. 6-28-2006)
Housing and Redevelopment Authority of the City of St. Paul, Minnesota v. ExxonMobil Oil Corporation, et al., City of St. Paul, et al. No. A05-511.Supreme Court of Minnesota. June 28, 2006. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied
STATE v. CASTANO, A06-1808 (Minn.App. 2-12-2008)
State of Minnesota, Respondent, v. Jose Castano, Appellant. No. A06-1808.Minnesota Court of Appeals. Filed February 12, 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 Court, […]
PEDERSEN v. UNITED SERVICES AUTO. ASS’N, 383 N.W.2d 427 (Minn.App. 1986)
Lynn C. PEDERSEN, trustee of the Heirs of Paul R. Pedersen, Appellant, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Respondent. No. C2-85-1959.Minnesota Court of Appeals. March 18, 1986. Appeal from the District Court, Hennepin County, A. Paul Lommen, J. Page 428 Syllabus by the Court 1. The trial court did not abuse its discretion in excluding evidence […]
STATE v. KING, 337 N.W.2d 674 (Minn. 1983)
STATE of Minnesota, Appellant, v. Wayne Donald KING, Respondent. No. C0-83-143.Supreme Court of Minnesota. August 26, 1983. Appeal from the District Court, Washington County, Esther M. Tomljanovich, J. Syllabus by the Court Defendant’s particular amenability to probation justified dispositional departure in the form of stay of execution of presumptively executed sentence. Hubert H. Humphrey, III, […]
IN RE PETITION OF WINTER, 296 Minn. 278 (1973)
208 N.W.2d 725 IN RE PETITION OF M. E. WINTER AND OTHERS FOR ESTABLISHMENT OF JUDICIAL DITCH NO. 11, WASECA AND BLUE EARTH COUNTIES. STATE, DEPARTMENT OF NATURAL RESOURCES, BY ROBERT L. HERBST, ITS COMMISSIONER, v. DISTRICT COURT. No. 43344.Supreme Court of Minnesota. June 1, 1973. Drainage — project affecting meandered lake — conditional permit […]
IN RE MARRIAGE OF MOLDE, A08-1196 (Minn.App. 8-4-2009)
In re the Marriage of: Dareth Molde, petitioner, Respondent, v. Troy Molde, Appellant. No. A08-1196.Minnesota Court of Appeals. Filed August 4, 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). […]
MISSISSIPPI LAND CO. v. INTERNATIONAL HARVESTER CO., 172 Minn. 273 (1927)
215 N.W. 181 MISSISSIPPI LAND COMPANY v. INTERNATIONAL HARVESTER COMPANY.[1] No. 26,135.Supreme Court of Minnesota. July 22, 1927. [1] Reported in 215 N.W. 181. Case followed. Mines and Minerals, 40 C.J. p. 1016 n. 78 New. Plaintiff appealed from an order of the district court for St. Louis county, Kenny, J., sustaining a demurrer to […]
STATE v. DANFORTH, 573 N.W.2d 369 (Minn.App. 1997)
STATE of Minnesota, Appellant (C8-96-1637), Respondent (C0-96-1650), v. Stephen (NMN) DANFORTH, Respondent (C8-96-1637), Appellant (C0-96-1650). Nos. C8-96-1637, C0-96-1650.Minnesota Court of Appeals. December 16, 1997. Review Denied February 19, 1998. Appeal from the Hennepin County District Court, Richard B. Solum, J. Page 370 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]
IN RE MARRIAGE OF OBERSTAR v. OBERSTAR, A03-606 (Minn.App. 3-9-2004)
In re the Marriage of: Irene Bernadette Oberstar, petitioner, Respondent, v. John Anthony Oberstar, Appellant. No. A03-606.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. […]
STATE v. CRAWFORD, A04-1856 (Minn.App. 11-22-2005)
State of Minnesota, Respondent, v. Trevor Alvin Crawford, Appellant. No. A04-1856.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 […]
STATE v. MOHAMED, A09-2238 (Minn. 2-15-2011)
State v. Ali Abdulkadir Mohamed. No. A09-2238.Supreme Court of Minnesota. Filed February 15, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. CALLENDER, 297 N.W.2d 744 (Minn. 1980)
STATE of Minnesota, Respondent, v. Rodney Pierre CALLENDER, Appellant. No. 49452.Supreme Court of Minnesota. July 3, 1980. Rehearing Denied November 4, 1980. Appeal from the District Court, Hennepin County, Robert H. Schumacher, J. Page 745 Syllabus by the Court 1. Held, the evidence of defendant’s guilt was sufficient to support the verdict. 2. A felon […]
IN RE CONSERVATORSHIP OF FISHER, C1-02-579 (Minn.App. 11-19-2002)
In Re: Conservatorship of Carol R. Fisher, Conservatee. No. C1-02-579.Minnesota Court of Appeals. Filed November 19, 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 District Court, […]
KAUPPI v. NORTHERN PACIFIC RAILWAY CO., 235 Minn. 104 (1951)
49 N.W.2d 670 LESTER KAUPPI, A MINOR, BY LILLIAN KAUPPI, HIS MOTHER AND NATURAL GUARDIAN, v. NORTHERN PACIFIC RAILWAY COMPANY AND ANOTHER.[1] No. 35,448.Supreme Court of Minnesota. November 2, 1951. [1] Reported in 49 N.W.2d 670. Evidence — judicial notice — loss of purchasing power of dollar. 1. This court takes judicial notice that the […]
DONNELLY v. STEPKA, 193 Minn. 11 (1934)
257 N.W. 505 HOMAS DONNELLY v. FRANK STEPKA.[1] No. 30,022.Supreme Court of Minnesota. December 7, 1934. [1] Reported in 257 N.W. 505. Judgment — notwithstanding verdict. 1. Plaintiff’s motion for judgment notwithstanding the verdict was properly denied, the evidence not being practically conclusive against the verdict, and no motion for new trial having been made. […]
HEMMINGSEN v. HEMMINGSEN, A08-1136 (Minn. 9-29-2009)
Daniel E. Hemmingsen v. Claudia J. Hemmingsen. No. A08-1136.Supreme Court of Minnesota. Filed September 29, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted Page 1
STATE v. BOYKIN, 285 Minn. 276 (1969)
172 N.W.2d 754 STATE v. LOUIS BOYKIN. No. 41983.Supreme Court of Minnesota. December 5, 1969. Criminal law — search and seizure — service of search warrant — inquiry about ownership of premises. 1. When one is being served with a search warrant, he may be asked if he is the owner of the premises without […]
WOODS v. FEDERATED RETAIL HOLDINGS, A06-2123 (Minn.App. 9-11-2007)
Cindy J. Woods, Relator v. Federated Retail Holdings, Inc., Respondent. No. A06-2123.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 Department […]
STATE v. KAGER, 382 N.W.2d 287 (Minn.App. 1986)
STATE of Minnesota, Respondent, v. Rodney B. KAGER, Appellant. No. C3-85-1260.Minnesota Court of Appeals. February 25, 1986. Review Denied April 24, 1986. Appeal from the Court of Appeals, Popovich, C.J., 357 N.W.2d 369. Page 288 Syllabus by the Court Minn.Stat. § 169.872, subd. 1 (1984), is not unconstitutionally vague, nor does it violate the equal […]
STEPP v. STATE, C9-98-2185 (Minn. 10-21-1999)
Kelly Daniel Stepp v. State. No. C9-98-2185.Supreme Court of Minnesota. October 21, 1999. Denied
HLAVKA v. COMMON SCHOOL DIST. NO. 83, 192 Minn. 169 (1934)
255 N.W. 820 ADELAIDE HLAVKA v. COMMON SCHOOL DISTRICT NO. 83, McLEOD COUNTY, AND OTHERS.[1] No. 29,970.Supreme Court of Minnesota. June 22, 1934. [1] Reported in 255 N.W. 820. School and school district — employment of teacher — validity of proceedings. 1. The court was justified in finding that the plaintiff was legally employed by […]
McGUIGAN v. ALLEN, 165 Minn. 390 (1925)
206 N.W. 714 BESSIE G. McGUIGAN v. C. J. ALLEN[1] No. 24,874.Supreme Court of Minnesota. December 31, 1925. [1] Reported in 206 N.W. 714. When employer who has paid compensation is subrogated to rights of personal representative in amount recovered under death statute. 1. Section 4291, G. S. 1923, does not destroy the right of […]
STATE v. PHILIPSEK, A05-1441 (Minn.App. 8-8-2006)
State of Minnesota, Respondent, v. Richard Lloyd Philipsek, Appellant. No. A05-1441.Minnesota Court of Appeals. Filed August 8, 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 […]
PETERSON v. INDEPENDENT SCHOOL DIST. NO. 272, A04-1213 (Minn.App. 4-5-2005)
David M. Peterson, Appellant, v. Independent School District No. 272, Respondent. No. A04-1213.Minnesota Court of Appeals. Filed April 5, 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 […]
PARSONS v. TOWN OF NEW CANADA, 209 Minn. 132 (1941)
295 N.W. 909 OSCAR V. PARSONS v. TOWN OF NEW CANADA AND OTHERS. COUNTY OF RAMSEY, RESPONDENT.[1] Nos. 32,561, 32,573.Supreme Court of Minnesota. January 3, 1941. [1] Reported in 295 N.W. 909. Judgment — overruling demurrer no bar to motion for judgment on pleadings. 1. The overruling of a demurrer to the complaint does not […]
STATE v. BLUHM, A03-687 (Minn.App. 3-16-2004)
State of Minnesota, Respondent, v. Joshua Jon Bluhm, Appellant. No. A03-687.Minnesota Court of Appeals. Filed March 16, 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 […]
JOHNSON v. CITY OF THIEF RIVER FALLS, 282 Minn. 281 (1969)
164 N.W.2d 71 LELA JOHNSON AND ANOTHER v. CITY OF THIEF RIVER FALLS. No. 41176.Supreme Court of Minnesota. January 17, 1969. Municipal corporations — pedestrian injured on crosswalk traversing state high-way — responsibility for safe condition of crosswalk. Where plaintiff pedestrian was injured in a fall within a crosswalk traversing a state trunk highway within […]