136 N.W.2d 399 STATE v. TERRANCE WADE KLINKERT. No. 39,472.Supreme Court of Minnesota. July 16, 1965. Criminal law — trial — appearance of defendant in handcuffs — objection raised after trial — effect. 1. Where subsequent to trial defendant for the first time complains that he was exposed to the view of prospective jurors while […]
Category: Minnesota Court Opinions
NOESEN v. MINNEAPOLIS, ST. P. S. S. M. RY. CO., 204 Minn. 233 (1939)
283 N.W. 246 RAYMOND G. NOESEN v. MINNEAPOLIS, ST. PAUL SAULT STE. MARIE RAILWAY COMPANY.[1] No. 31,829.Supreme Court of Minnesota. January 6, 1939. [1] Reported in 283 N.W. 246. Appeal and error — review — reception of evidence — prejudicial effect. Witness — competency — testimony as to conversations with deceased person. The complaint stated […]
RITT v. NORTHWEST GRAPHIC SUPPLY INC., A09-2287 (Minn.App. 8-31-2010)
Barbara Ritt, Relator, v. Northwest Graphic Supply Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A09-2287.Minnesota Court of Appeals. Filed August 31, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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, […]
IN RE CIVIL COMMITMENT OF ENGLISH, A07-1076 (Minn. 12-19-2007)
In the Matter of the Civil Commitment of: Shannon Patrick Donald English. No. A07-1076.Supreme Court of Minnesota. Filed: December 19, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
IN RE WALCOTT, 794 N.W.2d 640 (Minn. 2011)
In re Petition for Disciplinary Action against Terry M. Fitzpatrick WALCOTT, a Minnesota Attorney, Registration No. 213688. No. A11-224.Supreme Court of Minnesota. March 8, 2011. ORDER Alan C. Page Associate Justice The Director of the Office of Lawyers Professional Responsibility has filed a petition for reciprocal discipline against respondent Terry M. Fitzpatrick Walcott, who was […]
IN RE MARRIAGE OF OLUPO v. OLUPO, C8-02-109 (Minn.App. 8-20-2002)
In re the Marriage of: Jefta Olupo, petitioner, Respondent, v. Olufunmilayo Adetoun Denise Olupo, Appellant. No. C8-02-109Minnesota Court of Appeals. Filed August 20, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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. […]
GLASS v. ADAMS, C4-02-804 (Minn.App. 12-17-2002)
Alpine Glass, Inc., Appellant (C4-02-804), Respondent (C5-02-1010), vs. Robert Adams, et al., Defendants, MidAmerica Auto Glass, Inc., Respondent (C4-02-804), Appellant (C5-02-1010). No. C4-02-804; C5-02-1010.Minnesota Court of Appeals. Filed December 17, 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 […]
RUPRECHT v. RUPRECHT, 255 Minn. 80 (1959)
96 N.W.2d 14 AGNES LORRAINE RUPRECHT v. FRANK ELMER RUPRECHT. No. 37,526.Supreme Court of Minnesota. March 13, 1959. Judgments — entry — requirement of notice. 1. Where parties to divorce proceeding fully submitted to the trial of the issues involved and the court pursuant thereto clearly specified the relief granted by duly filing its final […]
IN RE GOLDSMITH, 679 N.W.2d 332 (Minn. 2004)
In re Petition for Disciplinary Action against Scott K. Goldsmith, a Minnesota Attorney, Registration No. 35956. No. C8-03-41.Supreme Court of Minnesota. Filed: May 12, 2004. ORDER PAUL H. ANDERSON, Associate Justice. The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Scott K. Goldsmith committed professional […]
WEISS v. KLEIN SUPER MARKETS, INC., 259 Minn. 502 (1961)
108 N.W.2d 4 GERALD M. WEISS AND OTHERS v. KLEIN SUPER MARKETS, INC. No. 38,016.Supreme Court of Minnesota. March 10, 1961. Unemployment compensation — right to benefits — disqualification during labor dispute. 1. Under our employment security law, in order for a labor dispute to disqualify an employee for unemployment benefits, such labor dispute must […]
IN RE MARRIAGE OF DEDEFO v. GADA, A05-1905 (Minn.App. 5-16-2006)
In re the Marriage of: Nuro B. Dedefo, petitioner, Appellant, v. Bontu Bullo Gada, Respondent. No. A05-1905.Minnesota Court of Appeals. Filed May 16, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
STATE v. BERRY, A07-1028 (Minn.App. 5-13-2008)
State of Minnesota, Respondent, v. Trayon Maurice Berry, Appellant. No. A07-1028.Minnesota Court of Appeals. Filed May 13, 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 […]
HOUGH TRANSIT v. COM’R OF JOBS TRAINING, 408 N.W.2d 701 (Minn.App. 1987)
HOUGH TRANSIT, LTD., Relator, v. COMMISSIONER OF JOBS AND TRAINING, Respondent. No. C4-86-2203.Minnesota Court of Appeals. July 7, 1987. Appeal from the Department of Jobs and Training. Syllabus by the Court Relator corporation’s president is an “employee,” and his wages are subject to taxation for unemployment compensation purposes. Jeffrey R. Hannig, Gunhus, Grinnell, Klinger, Swenson, […]
IN RE WILLIAMS., C0-96-272 (Minn.App. 5-14-1996)
In the Matter of: Gregory A. Williams. No. C0-96-272.Minnesota Court of Appeals. Filed May 14, 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 Court, Hennepin […]
STATE v. RICHARDSON, 622 N.W.2d 823 (Minn. 2001)
State of Minnesota, petitioner, Appellant, vs. Dennis Eugene Richardson, Respondent. No. C5-99-1819.Supreme Court of Minnesota. Filed: March 15, 2001 Appeal from the Court of Appeals of Minnesota. Page 824 SYLLABUS A police officer who, after receiving a police radio dispatch relaying a motorist’s report that a motor vehicle was being driven erratically, observed the same […]
ROUSE v. PERKINS RESTAURANTS, C3-00-1745 (Minn.App. 6-19-2001)
Alan T. Rouse, Appellant, v. Perkins Restaurants, Inc., Respondent. No. C3-00-1745.Minnesota Court of Appeals. Filed June 19, 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 […]
BLAMEY v. BROWN, 270 N.W.2d 884 (Minn. 1978)
Lisa BLAMEY, a minor, by her mother and natural guardian, Shirley Blamey, Respondent, v. Thorwald BROWN, a/k/a Ted Brown, Ted Brown’s Bar and Overshoe Club, Appellant. No. 47917.Supreme Court of Minnesota. September 1, 1978. Rehearing Denied November 3, 1978. Appeal from the District Court, Hennepin County, William S. Posten, J. Page 885 Syllabus by the […]
FRANKE v. FARM BUREAU MUT. INS. CO., 421 N.W.2d 406 (Minn.App. 1988)
Bruce FRANKE, Petitioner, Respondent, v. FARM BUREAU MUTUAL INSURANCE COMPANY, Appellant. No. C0-87-2015.Minnesota Court of Appeals. March 29, 1988. Review Denied May 25, 1988. Appeal from the District Court, Washington County, Esther Thomljanovich, J. Syllabus by the Court 1. Where an arbitration agreement provided the arbitrators were to decide all issues of law and fact, […]
KOLOSKY v. AFSCME LOCAL 1164, C2-03-83 (Minn.App. 7-22-2003)
Joeffre Kolosky, Appellant v. AFSCME Local 1164 No. C2-03-83Minnesota Court of Appeals. Filed July 22, 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 County District […]
IN RE MARRIAGE OF CARROLL v. BOELTL, A07-1349 (Minn.App. 1-22-2008)
In re the Marriage of: Mark William Carroll, petitioner, Respondent, v. Desiree Lucille Boeltl, Appellant. No. A07-1349.Minnesota Court of Appeals. Filed January 22, 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. […]
WATTS v. MODERN AGE REPRESENTATIVES, C8-98-2033 (Minn.App. 5-18-1999)
James R. Watts, Respondent, v. Modern Age Representatives, Inc., Relator, Commissioner of Economic Security, Respondent. No. C8-98-2033.Minnesota Court of Appeals. Filed May 18, 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. […]
MATTER OF DETAILING CRITERIA STANDARDS, 714 N.W.2d 426 (Minn. 2006)
In the Matter of DETAILING CRITERIA AND STANDARDS FOR MEASURING AN ELECTRIC UTILITY’S GOOD FAITH EFFORTS IN MEETING THE RENEWABLE ENERGY OBJECTIVES UNDER MINN. STAT. § 216B.1691. No. A04-1742.Supreme Court of Minnesota. May 22, 2006. ORDER Based upon all the files, records, and proceedings herein, and upon an evenly divided court, IT IS HEREBY ORDERED […]
MONTPETIT v. COMMISSIONER OF PUBLIC SAFETY, 392 N.W.2d 663 (Minn.App. 1986)
Joel Allyn MONTPETIT, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C3-86-362.Minnesota Court of Appeals. August 26, 1986. Appeal from the District Court, Washington County, Kenneth J. Maas, J. Page 664 Syllabus by the Court 1. The trial court did not abuse its discretion when it denied the Commissioner’s motion to reopen the case. […]
MARTINEZ v. TAKUANYI, A09-155 (Minn.App. 12-1-2009)
Sandra E. Martinez, petitioner, Respondent, Julio Cesar Solis, petitioner, Respondent, v. Patrick Takuanyi, Appellant. No. A09-155.Minnesota Court of Appeals. Filed December 1, 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 […]
WAGSTROM v. WAGSTROM, 394 N.W.2d 841 (Minn.App. 1986)
In re the Marriage of Gerald WAGSTROM, petitioner, Appellant, v. Kathleen A. WAGSTROM, Respondent. No. C2-86-661.Minnesota Court of Appeals. October 28, 1986. Review Denied November 26, 1986. Appeal from the District Court, Hennepin County, Sheryl R. Hvass, J. Page 842 Syllabus by the Court 1. The trial court correctly interpreted the dissolution decree as awarding […]
ANDREWS v. HOSS, 286 Minn. 514 (1970)
174 N.W.2d 134 VICTOR ANDREWS v. O’DEAN HOSS, d.b.a CLARK’S FILLING STATION, AND ANOTHER. No. 41745.Supreme Court of Minnesota. January 23, 1970. Workmen’s compensation — noncompensable injury — finding assault was not employment-related — sufficiency of evidence. Certiorari upon the relation of Victor K. Andrews, employee, to review a decision of the Workmen’s Compensation Commission […]
STATE v. DIEPOLD, A10-639 (Minn.App. 3-15-2011)
State of Minnesota, Respondent, v. Jonathan Michael Diepold, Appellant. No. A10-639.Minnesota Court of Appeals. Filed March 15, 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 […]
KENVILLE v. KENVILLE, 385 N.W.2d 398 (Minn.App. 1986)
In re the Marriage of Gayle KENVILLE, Petitioner, Respondent, v. Thomas KENVILLE, Appellant. No. C5-85-1955.Minnesota Court of Appeals. April 22, 1986. Appeal from the District Court, Pennington County, Warren Saetre, J. Page 399 Syllabus by the Court 1. The trial court did not abuse its discretion in its award of maintenance to the respondent. 2. […]
MATTER OF DISCIPLINE OF BERNSTEIN, 404 N.W.2d 804 (Minn. 1987)
In the Matter of the Application for the DISCIPLINE OF Lewis S. BERNSTEIN, an Attorney at Law of the State of Minnesota. No. C1-86-716Supreme Court of Minnesota. May 8, 1987. William J. Wernz, Director of the Office of Prof. Respc., St. Paul, for appellant. Theodore Collins, St. Paul, for respondent. Heard, considered, and decided by […]
GREEAR v. PAUST, 192 Minn. 287 (1934)
256 N.W. 190 EMILY I. GREEAR v. BENJAMIN A. PAUST AND OTHERS.[1] No. 29,699.Supreme Court of Minnesota. August 3, 1934. [1] Reported in 256 N.W. 190. Fraud — exchange of properties — fraudulent representations — evidence. 1. In this action charging defendants with conspiracy to defraud plaintiff in the trade of her Canadian lands for […]
KUHLMAN v. GRANITE CITY INVESTING CORP., 174 Minn. 166 (1928)
218 N.W. 885 L. P. KUHLMAN AND ANOTHER v. GRANITE CITY INVESTING CORPORATION. ERWIN A. ATWOOD AND OTHERS, APPELLANTS.[1] No. 26,561.Supreme Court of Minnesota. March 23, 1928. [1] Reported in 218 N.W. 885. Jurisdiction of court over other stockholders not affected by failure to serve nonresident stockholder with statutory notice of hearing. 1. A stockholder […]
STATE v. ZELL, A05-1154 (Minn. 12-12-2006)
State v. Victoria Ann Zell. No. A05-1154.Supreme Court of Minnesota. Filed December 12, 2006. ORDERS ON PETITIONS FOR FURTHER REVIEW Vacate Stay/Deny.
GUTH v. CITY OF STAPLES, 183 Minn. 552 (1931)
237 N.W. 411 LOUIS GUTH AND OTHERS v. CITY OF STAPLES.[1] No. 28,553.Supreme Court of Minnesota. June 19, 1931. [1] Reported in 237 N.W. 411. Contract by city to furnish electricity to those outside its limits. Under G. S. 1923 (1 Mason, 1927) § 1764, and 1 Mason, 1927, § 1765-1, a city of 10,000 […]
STATE v. SWAIN, 269 N.W.2d 707 (Minn. 1978)
STATE of Minnesota, Respondent, v. Richard Mark SWAIN, Appellant. No. 47524.Supreme Court of Minnesota. June 23, 1978. Appeal from the District Court, Hennepin County, Chester Durda, J. Page 708 Page 709 Syllabus by the Court 1. The evidence in this case was adequate to support a conviction of murder in the second degree, but not […]
STATE v. BOERNER, 260 N.W.2d 564 (Minn. 1977)
STATE of Minnesota, Respondent, v. Edwin LeRoy BOERNER, Appellant. No. 46864.Supreme Court of Minnesota. October 28, 1977. Appeal from the District Court, Faribault County, Harvey Houlton and L. J. Irvine, JJ. Page 565 C. Paul Jones, Public Defender, Rosalie E. Wahl, Asst. Public Defender, Minneapolis, for appellant. Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy […]
IN RE ESTATE OF HALLBOM, 189 Minn. 383 (1933)
249 N.W. 417 IN RE ESTATE OF JACOB E. HALLBOM. EDWARD A. PAGEL v. JOHN G. MacLEAN. EBBA PAGEL AND OTHERS, INTERPLEADERS; LILLIE F. McCRIMMON, INTERVENER.[1] Nos. 29,456, 29,463.Supreme Court of Minnesota. June 30, 1933. [1] Reported in 249 N.W. 417. Certiorari granted by United States Supreme Court November 20, 1933. 290 U.S. ___, 54 […]
STATE v. RANGEL, A06-1410 (Minn. 10-24-2007)
State v. Christian Fernando Rangel. No. A06-1410.Supreme Court of Minnesota. Filed: October 24, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
OLSON SERLEY S. D. CO. v. JUCKEM, 163 Minn. 375 (1925)
204 N.W. 51 OLSON SERLEY SASH AND DOOR COMPANY v. EDWARD J. JUCKEM AND OTHERS.[1] No. 24,534.Supreme Court of Minnesota. June 5, 1925. [1] Reported in 204 N.W. 51. Answer of holder of mechanic’s lien must be filed within one year of last item. 1. Unless a lienholder, joined as a defendant in an action […]
BRAY v. CHICAGO, R.I. P. R. CO., 305 Minn. 31 (1975)
232 N.W.2d 97 GEORGE H. BRAY AND ANOTHER v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY. LYNN J. CITURS AND ANOTHER v. SAME. Nos. 44945, 44946, 44995, 44996.Supreme Court of Minnesota. July 25, 1975. Negligence — railroad crossing in state of disrepair — collision between truck and train — apportionment of negligence. 1. Where substantial […]
CHRISTY v. BERENDS, A07-1451 (Minn.App. 7-22-2008)
Jack Christy, Respondent, v. Douglas Berends, Appellant, BES Auto Service, et al., Defendants. No. A07-1451.Minnesota Court of Appeals. Filed July 22, 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). […]
STATE v. CRAPSER, 378 N.W.2d 110 (Minn.App. 1985)
STATE of Minnesota, Respondent, v. James LeRoy CRAPSER, Appellant. No. C0-85-1510.Minnesota Court of Appeals. December 10, 1985. Appeal from the District Court, Aitkin County, John A. Spellacy, J. Page 111 Syllabus by the Court The trial court did not abuse its discretion in imposing consecutive sentences upon appellant. Hubert H. Humphrey, III, Atty. Gen., St. […]
STATE v. OCAMPO-PEREZ, A06-1289 (Minn.App. 3-20-2007)
STATE OF MINNESOTA, Respondent v. JUAN LUIS OCAMPO-PEREZ, Appellant. No. A06-1289.Minnesota Court of Appeals. Filed March 20, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]
S. B. SCHMIDT PAPER CO. v. A TO Z PAPER, 452 N.W.2d 485 (Minn.App. 1990)
S.B. SCHMIDT PAPER COMPANY, Respondent, v. A TO Z PAPER CO., INC., Appellant. No. CX-89-1636.Minnesota Court of Appeals. March 13, 1990. Appeal from the District Court, Dakota County, George H. Hoey, J. Page 486 Syllabus by the Court A nonresident buyer’s contacts with a forum state consisting of telephone inquiries and orders for goods to […]
IN RE INGSTAD v. INGSTAD, C8-96-1010 (Minn.App. 10-1-1996)
In Re the Marriage of: Todd Michael Ingstad, petitioner, Respondent, vs. Stephanie Sue Ingstad, Appellant. No. C8-96-1010.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. […]
MURPHY v. STATE, A09-383 (Minn.App. 10-20-2009)
John Patrick Murphy, petitioner, Appellant, v. State of Minnesota, Respondent. No. A09-383.Minnesota Court of Appeals. October 20, 2009. Appeal from Ramsey County District Court, Hon. Bruce F. Gross. RECENT ORDER OPINIONS HEIDI S. SCHELLHAS, Judge. Affirmed.
WILSON v. KVALSTEN, C4-98-2031 (Minn.App. 7-20-1999)
C0-98-2253 Michael Wilson, a/k/a Mike Wilson, Respondent, v. David R. Kvalsten, Appellant (C0-98-2253), Hiawatha National Bank, Appellant (C4-98-2031). No. C4-98-2031.Minnesota Court of Appeals. Filed July 20, 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. […]
MINNESOTA STATE COLL. BD. v. PUBLIC EMPLOY. REL. BD., 303 Minn. 453 (1975)
228 N.W.2d 551 MINNESOTA STATE COLLEGE BOARD AND ANOTHER v. PUBLIC EMPLOYMENT RELATIONS BOARD. MINNESOTA FEDERATION OF TEACHERS, APPELLANT. No. 45587.Supreme Court of Minnesota. April 11, 1975. Public employees — collective bargaining — appropriate unit for faculty members of state colleges — judicial review of administrative determination. Proceeding in the Ramsey County District Court initiated […]
IN MATTER OF THE WELFARE OF K.G.K., C8-97-1275 (Minn.App. 2-10-1998)
In the Matter of the Welfare of: K.G.K., Child. No. C8-97-1275.Minnesota Court of Appeals. Filed February 10, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District […]
JOHNSON v. ALLIED INTERSTATE, C4-98-1381 (Minn.App. 12-8-1998)
Olivia Anne Johnson, Relator, v. Allied Interstate, Inc., Respondent, Commissioner of Economic Security, Respondent. No. C4-98-1381.Minnesota Court of Appeals. Filed December 8, 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 […]
PRATT v. STATE, DEPT. OF NATURAL RESOURCES, 309 N.W.2d 767 (Minn. 1981)
Sheldon PRATT, Respondent, v. STATE of Minnesota, DEPARTMENT OF NATURAL RESOURCES, by Robert L. Herbst, Its Commissioner, Appellant. No. 51180.Supreme Court of Minnesota. August 28, 1981. Appeal from the District Court, Crow Wing County, Clinton W. Wyant, J. Page 768 Page 769 Syllabus by the Court 1. The evidence supports the trial court’s findings that […]
POGALZ v. MILLER, 290 Minn. 411 (1971)
188 N.W.2d 877 REGINA POGALZ v. RUBY G. MILLER AND ANOTHER. No. 42641.Supreme Court of Minnesota. July 2, 1971. Automobiles — making left turn at night — use of hand and arm signal. Minn. St. 169.19, subd. 7, authorizes the use of a hand and arm signal in making a left turn at night unless […]
STATE v. SEMON, A05-1184 (Minn.App. 6-20-2006)
State of Minnesota, Respondent, v. Rick Lee Semon, Appellant. No. A05-1184.Minnesota Court of Appeals. Filed June 20, 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 […]
STATE v. TRAPP, A09-1629 (Minn.App. 1-11-2011)
State of Minnesota, Respondent, v. Robert Nicholas Trapp, Appellant. No. A09-1629.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. 3 (2010). Appeal from the District […]
IN RE TELESPORTS PRODUCTIONS, INC., 476 N.W.2d 798 (Minn.App. 1991)
In re Receivership and Dissolution of TELESPORTS PRODUCTIONS, INC. No. C3-91-747.Minnesota Court of Appeals. November 5, 1991. Appeal from the District Court, Ramsey County, Gordon W. Shumaker, J. Page 799 Syllabus by the Court When a corporation is in receivership due to an involuntary dissolution, a creditor may not levy on receivership funds pursuant to […]
KELLAR v. VON HOLTUM, CX-98-283 (Minn. 2-29-2000)
Kenneth L. Kellar, et al., Respondents, vs. John E. Von Holtum, et al, Appellants, Grand Marais State Bank, et al., Appellants. No. CX-98-283.Supreme Court of Minnesota. Filed: February 29, 2000. ORDER LANCASTER, Associate Justice. This court, having considered en banc the petition for rehearing in the above entitled case, IT IS HEREBY ORDERED: The paragraph […]
HODGE v. ANDERSON, 161 Minn. 147 (1924)
201 N.W. 603 K.E. HODGE v. ALBERT ANDERSON AND OTHERS.[1] No. 24,220.Supreme Court of Minnesota. December 5, 1924. [1] Reported in 201 N.W. 603. Seal of notary essential to verification. 1. A notary’s official seal is essential to a verification of a mechanic’s lien statement. Evidence that mechanic’s lien statement did not bear seal. 2. […]
LUNDGREN v. EUSTERMANN, 356 N.W.2d 762 (Minn.App. 1984)
Judith LUNDGREN and Gary Lundgren, husband and wife, Appellants, v. John EUSTERMANN, M.D., Respondent. No. C8-84-966.Minnesota Court of Appeals. October 23, 1984. Appeal from the District Court, Blue Earth County, Miles Zimmerman, J. Page 763 Syllabus by the Court A licensed consulting psychologist with an extensive background in the area of psychopharmacology is competent to […]
VILLAGE OF McKINLEY v. WALDOR, 284 Minn. 394 (1969)
170 N.W.2d 430 VILLAGE OF McKINLEY AND OTHERS v. N. TED WALDOR, COMMISSIONER OF HIGHWAYS. No. 41814.Supreme Court of Minnesota. August 22, 1969. Highways — trunk highway — relocation bypassing village — constitutionality. Minn. Const. art. 16 establishes a trunk highway system. Originally there were 70 routes described in general terms in the constitutional amendment. […]
SZCZECH v. COMMISSIONER OF PUBLIC SAFETY, 343 N.W.2d 305 (Minn.App. 1984)
David Joseph SZCZECH, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C9-83-1372.Minnesota Court of Appeals. January 25, 1984. Appeal from the Municipal Court, Hennepin County, Beryl A. Nord, J. Syllabus by the Court The Municipal Court retains jurisdiction to hear implied consent cases even if the hearing is not held within the statutory time limit […]
WISNIEWSKI v. STATE FARM MUT. AUTO. INS. CO., 403 N.W.2d 651 (Minn. 1987)
In re the Arbitration of Judith WISNIEWSKI, et al., Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent. No. C1-86-1493.Supreme Court of Minnesota. April 10, 1987. Appeal from the Distirct Court, Ramsey County, Bertrand Poritsky, J. Page 652 Syllabus of the Court 1. Interest on prearbitration awards is not recoverable under Minn.Stat. § 549.09 (1986). […]
PAULSON v. JARMULOWICZ, 268 Minn. 280 (1964)
128 N.W.2d 763 DAVID SCOTT PAULSON, A MINOR, BY NORMAN B. PAULSON, HIS FATHER AND NATURAL GUARDIAN, AND ANOTHER v. NORA JARMULOWICZ. No. 39,098.Supreme Court of Minnesota. May 29, 1964. Negligence — duty of host toward child. 1. A 2 1/2-year-old plaintiff, scalded by the contents of a coffee percolator which spilled on him, is […]
STATE EX REL. FECHNER v. CARLGREN, 209 Minn. 362 (1941)
296 N.W. 573 STATE EX REL. HERMAN FECHNER v. C. R. CARLGREN AND OTHERS. CARL W. SWANSON AND WALTER W. FINKE, ADDITIONAL RESPONDENTS.[1] No. 32,596.Supreme Court of Minnesota. February 7, 1941. [1] Reported in 296 N.W. 573. Insane, inebriate, feeble-minded, or epileptic person — release from custody — discretion of board of control. 1. 3 […]
FORD v. STATE, 324 N.W.2d 369 (Minn. 1982)
Lee Andrew FORD, petitioner, Appellant, v. STATE of Minnesota, Respondent. No. 82-580.Supreme Court of Minnesota. September 24, 1982. Appeal from the District Court, Ramsey County, Harold W. Schultz, 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 I. Rademacher, […]
STATE v. SCHOOL DIST. NO. 624, 533 N.W.2d 393 (Minn. 1995)
STATE of Minnesota, by David BEAULIEU, Commissioner, Department of Human Rights, petitioner, Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 624, and White Bear Lake Teachers’ Association (MEA), intervenor, Respondents. No. C1-93-1190.Supreme Court of Minnesota. June 16, 1995. Appeal from the Court of Appeals, Harten, J. Syllabus by the Court An early retirement program implemented pursuant to […]
GOLD NUGGET DEV. v. CITY OF MONTICELLO, C3-01-7 (Minn.App. 6-19-2001)
Gold Nugget Development, Inc., et al., Appellants, v. The City of Monticello, et al., Respondents. No. C3-01-7.Minnesota Court of Appeals. Filed June 19, 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. […]
LARSON v. STATE OF MINNESOTA, C1-96-2418 (Minn.App. 6-10-1997)
HOLLIS J. LARSON, petitioner, Appellant, v. STATE OF MINNESOTA, Respondent. No. C1-96-2418.Minnesota Court of Appeals. Filed June 10, 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 […]
STATE v. MILLER, CX-03-56 (Minn.App. 1-20-2004)
State of Minnesota, Respondent, v. Leandrew D. Miller, Appellant. No. CX-03-56.Minnesota Court of Appeals. Filed January 20, 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 […]
LEDFORD v. MIDLAND ELEC. AMER. HOME ASSUR., 365 N.W.2d 258 (Minn. 1985)
Curtis LEDFORD, Relator, v. MIDLAND ELECTRIC AND AMERICAN HOME ASSURANCE COMPANY, Respondents. No. C3-84-1510.Supreme Court of Minnesota. April 5, 1985. Page 259 Raymond R. Peterson, Minneapolis, for relator. George S. Roth, Minneapolis, for respondents. Considered and decided by the court en banc without oral argument. COYNE, Justice. The employee, relator here, contends that the WCCA’s […]
STATE v. BERRY, A04-699 (Minn.App. 2-22-2005)
State of Minnesota, Respondent, v. Richard Anthony Berry, Appellant. No. A04-699.Minnesota Court of Appeals. Filed February 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 […]
IN RE APPLICATION FOR DISCIPLINE OF JOYCE, 242 Minn. 427 (1954)
65 N.W.2d 581 IN RE APPLICATION FOR DISCIPLINE OF ALFRED M. JOYCE.[1] [2] No. 36,068.Supreme Court of Minnesota. July 2, 1954. [1] Reported in 65 N.W.2d 581. [2] Certiorari denied, 348 U.S. 883, 75 S.Ct. 124, 99 L. ed. ___. Attorney and client — disbarment of attorney — misconduct in affairs of clients. 1. A […]
PHIL G. RUVELSON, v. ST.PAUL FIRE MAR. INS., 235 Minn. 243 (1951)
50 N.W.2d 629 PHIL G. RUVELSON, INC., AND OTHERS, d. b. a. ROBERT ALLEN COMPANY, v. ST. PAUL FIRE MARINE INSURANCE COMPANY.[1] No. 35,528.Supreme Court of Minnesota. December 7, 1951. [1] Reported in 50 N.W.2d 629. Pleading — demurrer — admissions by demurrer — conclusions of law. 1. A demurrer admits all material facts well […]
LOTT v. LOTT, 174 Minn. 13 (1928)
218 N.W. 447 JOSIE R. LOTT v. W. H. LOTT AND ANOTHER.[1] No. 26,408.Supreme Court of Minnesota. March 2, 1928. [1] Reported in 218 N.W. 447. When will of resident of another state is valid upon his dying while a resident of Minnesota. 1. Where a testator executes a will in another state while a […]
STATE v. FABIAN, A09-0814 (Minn.App. 8-11-2009)
State of Minnesota, ex rel. Terry Lee Branson, petitioner, Appellant, v. Joan Fabian, Commissioner of Corrections, Respondent. No. A09-0814.Minnesota Court of Appeals. Filed August 11, 2009. Page 1 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the District Court, Swift County, File No. 76-CV-08-508. Bradford W. Colbert, Legal Assistance […]
STATE v. COLEMAN, A10-667 (Minn.App. 3-8-2011)
State of Minnesota, Respondent, v. Diallo Desean Coleman, Appellant. No. A10-667.Minnesota Court of Appeals. Filed March 8, 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 […]
PROFESSIONAL FIDUCIARY, INC. v. SILVERMAN, 713 N.W.2d 67 (Minn.App. 2006)
PROFESSIONAL FIDUCIARY, INC., et al., Respondents, v. Steven A. SILVERMAN, et al., Appellants. No. A05-1322.Minnesota Court of Appeals. May 2, 2006. Appeal from the District Court, Dakota County, Patrice K. Sutherland, J. Page 68 Syllabus by the Court A personal representative can assert a malpractice claim against the decedent’s former attorney even though the probate […]
JOHNSON v. MOTEL 6GP, C8-98-1982 (Minn. 9-28-1999)
GAIL R. JOHNSON, et al. v. MOTEL 6GP, et al. No. C8-98-1982.Supreme Court of Minnesota. September 28, 1999. Denied
GILHOUSEN v. ILLINOIS FARMERS INS. CO., C2-97-414 (Minn.App. 2-9-1999)
JASON GILHOUSEN, Appellant, v. ILLINOIS FARMERS INSURANCE CO., Respondent. No. C2-97-414.Minnesota Court of Appeals. Filed February 9, 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 […]
MINKS v. CHERRY, A06-1166 (Minn.App. 4-10-2007)
Jonathan A. Minks, Appellant, v. Nicole Cherry (owner/operator) d/b/a Cherry’s Minnehaha Tavern, Inc., a/k/a The Cherry Pit, Respondent. No. A06-1166.Minnesota Court of Appeals. Filed April 10, 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. […]
ANDERSON v. AMANZI CORP., A08-1824 (Minn.App. 7-7-2009)
Lynn R. Anderson, Relator, v. Amanzi Corporation, Respondent, Department of Employment and Economic Development, Respondent. No. A08-1824.Minnesota Court of Appeals. Filed July 7, 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. […]
PRAWER v. ESSLING, 282 N.W.2d 493 (Minn. 1979)
Joel PRAWER, Appellant, v. David ESSLING, Respondent, John L. Duffy, Defendant. No. 48732.Supreme Court of Minnesota. May 4, 1979. Appeal from the District Court, Ramsey County, Otis H. Godfrey, J. Robert N. Schlesinger, St. Paul, for appellant. Larkin, Hoffman, Daly Lindgren, James P. Miley, and James E. Strother, Minneapolis, for respondent. Heard before PETERSON, KELLY, […]
STATE v. KIER, 678 N.W.2d 672 (Minn.App. 2004)
State of Minnesota, Respondent, v. John Frederick Kier, Appellant. No. A03-643.Minnesota Court of Appeals. Filed: April 27, 2004. Appeal from the District Court, Polk County, File No. KX021191. Page 673 SYLLABUS A sentencing court may commit a person to the commissioner of corrections for a gross misdemeanor under Minnesota law when the sentence is served […]
AXELSON v. KELLY SERVICES INC., A06-699 (Minn.App. 4-24-2007)
Mary Axelson, Relator, v. Kelly Services Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A06-699.Minnesota Court of Appeals. Filed April 24, 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. […]
NAPORRA v. WECKWERTH, 178 Minn. 203 (1929)
226 N.W. 569 ADOLPH NAPORRA v. WILLIAM WECKWERTH.[1] No. 27,227.Supreme Court of Minnesota. August 2, 1929. [1] Reported in 226 N.W. 569. Drainage rights acquired by prescription. 1. The character of the usage of drainage which will ripen into an easement by prescription is the same as is required to gain title to land by […]
JOHNSON v. JOHNSON, 304 Minn. 583 (1975)
232 N.W.2d 204 DENNIS P. JOHNSON v. GLORIA H. JOHNSON. No. 45103.Supreme Court of Minnesota. June 27, 1975. Divorce — decree — refusal to modify child support provisions — propriety. Appeal by plaintiff husband from an order of the Washington County District Court, Robert Bakke, Judge, denying his motion for reduction in the amount and […]
MATTER OF WELFARE OF R.A.N., 435 N.W.2d 71 (Minn.App. 1989)
In the Matter of the WELFARE OF R.A.N., a/k/a R.A.W., a minor child. No. CS-88-1575.Minnesota Court of Appeals. January 24, 1989. Appeal from the District Court, Meeker County, John J. Weyrens, J. Syllabus by the Court Paternal grandparents of a minor child, whose father voluntarily terminated his parental rights, do not have a statutory or […]
STATE v. MOEHLENBROCK, A06-2161 (Minn.App. 10-23-2007)
State of Minnesota, Respondent, v. James Michael Moehlenbrock, Appellant. No. A06-2161.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 St. Louis […]
IN RE MARRIAGE OF HIGGINS, C7-02-1056 (Minn.App. 2-11-2003)
In Re the Marriage of: Lana Susan Higgins, petitioner, Respondent, Dakota County, Respondent, v. Warren Nau Higgins, Appellant. No. C7-02-1056.Minnesota Court of Appeals. Filed February 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. […]
MATTER OF PATERNITY OF J.A.V., 547 N.W.2d 374 (Minn. 1996)
In the Matter of the PATERNITY OF J.A.V. Conrad HISGUN, Respondent, v. Denise VELASCO, Petitioner, Appellant. No. C5-95-449.Supreme Court of Minnesota. May 16, 1996. Appeal from the District Court, Hennepin County, Charles A. Porter, Jr., J. Page 375 Syllabus by the Court An illegitimate father who fails to file a timely affidavit stating his intention […]
INTERCONTINENTAL PACKAGING CO. v. NOVAK, 348 N.W.2d 330 (Minn. 1984)
INTERCONTINENTAL PACKAGING COMPANY, a Minnesota corporation, Respondent, v. Joseph NOVAK, Director of the Liquor Control Division of the Minnesota Department of Public Safety, et al, Appellants. Nos. CX-82-110, C9-82-986.Supreme Court of Minnesota. May 4, 1984. Appeal from the District Court, Ramsey County, Harold W. Schultz, J. Page 331 Syllabus by the Court A system of […]
MATTER OF THE WELFARE OF CHILDREN OF S.M., A07-1280 (Minn.App. 1-8-2008)
In the Matter of the Welfare of the Children of: S.M., R.T., and M.O., Parents. No. A07-1280.Minnesota Court of Appeals. Filed: January 8, 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. […]
FORD MOTOR CO. v. SYLTE, 188 Minn. 578 (1933)
248 N.W. 55 FORD MOTOR COMPANY v. OSCAR SYLTE AND OTHERS.[1] No. 29,208.Supreme Court of Minnesota. April 13, 1933. [1] Reported in 248 N.W. 55. Association — liability of member for debt of association. 1. A voluntary unincorporated association, organized for business and profit, is in the nature of a partnership as far as the […]
CTY. OF SWIFT v. OLSON, C4-01-212 (Minn.App. 7-17-2001)
County of Swift, Respondent, v. Tony B. Olson, Appellant. No. C4-01-212.Minnesota Court of Appeals. Filed July 17, 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 […]
TOWNSEND v. STATE, A07-2196 (Minn.App. 11-18-2008)
Otha Townsend, petitioner, Appellant, v. State of Minnesota, Respondent. No. A07-2196.Minnesota Court of Appeals. November 18, 2008. Appeal from the Ramsey County District Court, Hon. Teresa R. Warner. RECENT ORDER OPINIONS LARRY B. STAUBER, JR., Judge. Affirmed. Page 1
CONTINENTAL CAS. CO. v. RESERVE INS. CO., 307 Minn. 5 (1976)
238 N.W.2d 862 CONTINENTAL CASUALTY COMPANY v. RESERVE INSURANCE COMPANY. No. 45111.Supreme Court of Minnesota. January 16, 1976. Insurance — insurer’s duty to settle — breach by primary insurer — subrogation of excess insurer to insured’s rights. 1. An excess insurer is subrogated to the insured’s rights against a primary insurer for breach of the […]
TRIEBENBACH v. ILLINOIS FARMERS INS., A08-2074 (Minn.App. 7-28-2009)
Ryan James Triebenbach, Appellant, v. Illinois Farmers Insurance Company, an Illinois company, et al., Respondents. No. A08-2074.Minnesota Court of Appeals. July 28, 2009. Page 1 Appeal from the District Court, Benton County, Hon. Michael S. Jesse. RECENT ORDER OPINIONS THOMAS J. KALITOWSKI, Judge. Affirmed. Page 1
METROPOLITAN LAW CENTER, LTD. v. TERRY, A04-1217 (Minn.App. 5-10-2005)
Metropolitan Law Center, Ltd., f/k/a/ London Anderson Antolak Hoeft, Ltd., Appellant, v. Dean E. Terry, Respondent. No. A04-1217.Minnesota Court of Appeals. Filed May 10, 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, […]
POTTER v. AMERICAN BEAN GRAIN CORP., 388 N.W.2d 22 (Minn.App. 1986)
Daniel POTTER, Respondent, v. AMERICAN BEAN GRAIN CORPORATION, et al., Appellants. Nos. C7-85-2069, C8-85-2162 and C9-85-2008.Minnesota Court of Appeals. June 3, 1986. Review Denied August 13, 1986. Appeal from the District Court, Renville County, John J. Weyrens, J. Syllabus by the Court 1. Where the special verdict form is confusing in the questions concerning misrepresentation, […]
KROENING v. KROENING, 390 N.W.2d 851 (Minn.App. 1986)
In re the Marriage of Ruth J. KROENING, Petitioner, Appellant, v. Carl W. KROENING, Respondent. No. C1-86-117.Minnesota Court of Appeals. July 22, 1986. Appeal from the District Court, Hennepin County, Kenneth J. Gill, J. Page 852 Syllabus by the Court 1. In setting the amount and duration of spousal maintenance, the trial court is required […]
STATE v. BURNSIDE, C2-01-189 (Minn.App. 10-16-2001)
STATE OF MINNESOTA, RESPONDENT, v. BRIAN LAMONT BURNSIDE, APPELLANT. No. C2-01-189Minnesota Court of Appeals. Filed October 16, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]
LEW BONN COMPANY v. HERMAN, 271 Minn. 105 (1965)
135 N.W.2d 222 LEW BONN COMPANY v. ALEN HERMAN AND ANOTHER, INDIVIDUALLY AND d.b.a. CALHOUN TERRACE COMPANY, AND OTHERS. VIRGIL L. HILLSTROM, d.b.a. F. N. HURD COMPANY, AND OTHERS, RESPONDENTS. No. 39,457.Supreme Court of Minnesota. April 30, 1965. Contracts — legality — effect of noncompliance with ordinance. The failure of an electrical contractor to file […]