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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
Category: Minnesota Court Opinions
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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
STATE v. JONES, CX-01-1591 (Minn.App. 10-1-2001)
State v. Jones. No. CX-01-1591.Minnesota Court of Appeals. October 1, 2001. Appeal from the District Court, Sherburne County, Toussaint, C.J. Hon. Alan Pendleton Affirmed
NELSON v. CITY OF ROSEAU, CX-97-1794 (Minn.App. 3-31-1998)
Merlin Nelson, Appellant, v. City of Roseau, Respondent. No. CX-97-1794.Minnesota Court of Appeals. Filed March 31, 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, […]
FLORESTANO v. NORTHERN PACIFIC RR. CO., 198 Minn. 203 (1936)
269 N.W. 407 ANGELO FLORESTANO v. NORTHERN PACIFIC RAILWAY COMPANY.[1] No. 30,921.Supreme Court of Minnesota. October 30, 1936. [1] Reported in 269 N.W. 407. Master and servant — contract of employment — breach — construction. In this action by an employe of defendant for damages for breach of the contract of employment made in his […]
WILSON v. COMFORT BUS CO., INC., 491 N.W.2d 908 (Minn.App. 1992)
Steve J. WILSON, Relator, v. COMFORT BUS COMPANY, INC., Commissioner of Jobs and Training, Respondents. No. C7-92-955.Minnesota Court of Appeals. November 10, 1992. Review Denied January 15, 1993. Appeal from the Commissioner of Jobs and Training. Page 909 Syllabus by the Court An employee’s horseplay which results in an injury that is a natural and […]
CHARPENTIER v. CUMMING, 178 Minn. 519 (1929)
227 N.W. 603 WALLIE CHARPENTIER v. JAMES CUMMING.[1] No. 27,500.Supreme Court of Minnesota. November 29, 1929. [1] Reported in 227 N.W. 663. Employer was engaged in commercial threshing. 1. Where a farmer owns a threshing rig and engages to thresh for eight or more farmers in his vicinity each year for more than five successive […]
STATE v. LATTIMER, 624 N.W.2d 284 (Minn.App. 2001)
State of Minnesota, Appellant, vs. Scott Paul Lattimer, Respondent. No. CO-00-1394Minnesota Court of Appeals. Filed February 27, 2001. Mille Lacs County District Court, File No. K4-98-957 SYLLABUS. A stay of adjudication after a formal sentencing hearing with conditions of probation imposed on the defendant is a sentence. Mike Hatch, Attorney General, and Janelle P. Kendall, […]
STATE v. JENSON, 312 N.W.2d 673 (Minn. 1981)
STATE of Minnesota, Respondent, v. Mark A. JENSON, Appellant. No. 81-281.Supreme Court of Minnesota. December 4, 1981. Appeal from the District Court, Cass County, John A. Spellacy, J. Page 674 Syllabus by the Court 1. Defendant, in entering guilty plea, not only explicitly waived his right to later raise issue of sufficiency of admissible evidence […]
IN RE WINONA CTY. MUN. SOLID WASTE, 439 N.W.2d 56 (Minn.App. 1989)
In re Request for Adoption of Findings of Fact and Conclusions Setting Forth the Reasons for the December 20, 1988, Denial of the City of Winona’s Requests for a Supplemental EIS and Contested Case Hearing and Authorization to Issue Combined Air and Solid Waste Permit for Construction and Operation of the WINONA COUNTY MUNICIPAL SOLID […]
DeWOLF v. JOHNSON, 177 Minn. 612 (1929)
225 N.W. 908 LULU DeWOLF v. H. B. JOHNSON AND OTHERS.[1] No. 27,463.Supreme Court of Minnesota. June 14, 1929. [1] Reported in 225 N.W. 908. Equity of mortgagors was insufficient to prevent foreclosure of mortgage for proved balance due to their two consenting creditors. A mortgage was given to an individual upon the agreement between […]
KRUSEMARK v. KRUSEMARK, 232 Minn. 416 (1951)
46 N.W.2d 647 JAMES L. KRUSEMARK v. MARGUERITE E. KRUSEMARK.[1] No. 35,222.Supreme Court of Minnesota. January 19, 1951. [1] Reported in 46 N.W.2d 647. Divorce — fixing amount of alimony and support for children — discretion of trial court. 1. Fixing the amount of alimony within the limits defined by statute, as well as the […]
WEBERLING v. BURSELL, 180 Minn. 283 (1930)
230 N.W. 654 EDWARD F. WEBERLING v. JOHN BURSELL AND OTHERS.[1] No. 27,882.Supreme Court of Minnesota. May 2, 1930. [1] Reported in 230 N.W. 654. State cannot recover personal judgment for real estate taxes. 1. Taxes upon real estate are a charge and lien upon the land in favor of the state but are not […]
TAYLOR v. BELTRAMI ELEC. CO-OP., INC., 319 N.W.2d 52 (Minn. 1982)
Frances TAYLOR, complainant, Respondent, v. BELTRAMI ELECTRIC COOPERATIVE, INC., Appellant, Minnesota Public Utilities Commission, Respondent. No. 81-931.Supreme Court of Minnesota. May 14, 1982. Appeal from the District Court, Beltrami County, Robert A. Peterson, J. Page 53 Syllabus by the Court 1. The service connection policy of an electric cooperative is within the jurisdiction of the […]
PAPER v. TROTTER, C2-00-1333 (Minn.App. 4-10-2001)
Mark Paper, et al., Relators, v. In Re the Application of: Ronald and Alice Trotter for a Conditional Use Permit to Expand their Existing Resort, Respondent, Aitkin County Planning Commission, Respondent. No. C2-00-1333.Minnesota Court of Appeals. Filed April 10, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will […]
VANGUILDER v. DEPT. OF EMP. ECONOMIC DEV., A08-1023 (Minn.App. 4-21-2009)
Lee A. Vanguilder, Relator, v. Department of Employment and Economic Development, Respondent. No. A08-1023.Minnesota Court of Appeals. Filed April 21, 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 […]
IN RE PADGETT, 714 N.W.2d 706 (Minn. 2006)
In re PETITION FOR DISCIPLINARY ACTION AGAINST Mark Jonathan PADGETT, a Minnesota Attorney, Registration No. 207962. No. A06-930.Supreme Court of Minnesota. June 2, 2006. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Mark Jonathan Padgett committed professional misconduct warranting public discipline, namely, making […]
DECISIONS WITHOUT PUBLISHED OPINIONS, 507 N.W.2d 7 (Minn. 1993)
Decisions Without Published Opinions Supreme Court of Minnesota. October 12, 1993. [EDITORS’ NOTE: PAGE 7 CONTAINED DECISIONS WITHOUT PUBLISHED OPINIONS.] Page 8
STATE v. STONE, A08-769 (Minn. 9-16-2009)
State v. Shane Scott Stone. No. A08-769.Supreme Court of Minnesota. Filed September 16, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted Page 1
IN MATTER OF HOLDEN, C1-00-2229 (Minn.App. 6-19-2001)
In the Matter of: Robert Eugene Holden, Jr. No. C1-00-2229.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 Court, […]
CITY OF EAGAN v. FINCH, CX-97-1682 (Minn.App. 5-19-1998)
City of Eagan, petitioner, Respondent, v. Eugene O. Finch, et al., Appellants. No. CX-97-1682.Minnesota Court of Appeals. Filed May 19, 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 […]
LYON FIN. SERV. v. PROTECH PLUMBING HEATING, A03-810 (Minn.App. 3-2-2004)
Lyon Financial Services, Inc., d/b/a The Manifest Group, with its principal offices located in Marshall, Minnesota, Respondent, v. Protech Plumbing Heating, Inc., a Colorado corporation, and Timothy McPhee, individually, Appellants. No. A03-810.Minnesota Court of Appeals. Filed March 2, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be […]
MATTER OF CIVIL COMMITMENT OF KITTRELL, A05-2370 (Minn.App. 5-23-2006)
In the Matter of the Civil Commitment of: Thomas Edward Kittrell. No. A05-2370.Minnesota Court of Appeals. Filed May 23, 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 […]
WILSON v. CITY OF BURNSVILLE, A06-495 (Minn. 7-17-2007)
Ann Wilson, as Trustee for the Next of Kin of Scott Wilson, Deceased v. City of Burnsville. No. A06-495.Supreme Court of Minnesota. Filed July 17, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
STATE v. TURNER, C5-01-2230 (Minn.App. 10-15-2002)
State of Minnesota, Respondent, vs. Justin Neil Turner, Appellant. No. C5-01-2230.Minnesota Court of Appeals. Filed October 15, 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 […]
OATES v. STATE, A07-2169 (Minn.App. 12-30-2008)
Lovell N. Oates, petitioner, Appellant, v. State of Minnesota, Respondent. No. A07-2169.Minnesota Court of Appeals. Filed December 30, 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 […]
IN RE WELFARE OF N.J.S., 753 N.W.2d 704 (Minn. 2008)
In the Matter of the WELFARE OF N.J.S., Child. No. A06-2277.Supreme Court of Minnesota. July 31, 2008. Appeal from the District Court, Beltrami County, Paul T. Benshoof, J. Page 705 Syllabus by the Court 1. Under Minn.Stat. § 260B.125 (2006), a juvenile court may not consider a juvenile’s uncharged behavior reflected in school and institutional […]
STATE v. ENGLE, 731 N.W.2d 852 (Minn.App. 2007)
STATE of Minnesota, Respondent, v. Timothy Kenbert ENGLE, Appellant. No. A05-2423.Minnesota Court of Appeals. May 22, 2007. Appeal from the District Court, Ramsey County, George Stephenson, J. Page 853 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 854 SYLLABUS 1. The state’s […]
PENNSYLVANIA v. TAPPAN, 215 Minn. 22 (1943)
9 N.W.2d 18 COMMONWEALTH OF PENNSYLVANIA v. WILLIAM TAPPAN.[1] No. 33,429.Supreme Court of Minnesota. April 9, 1943. [1] Reported in 9 N.W.2d 18. Pauper — liability of relatives for support under Pennsylvania statute. 1. A Pennsylvania statute placing liability for maintenance on husband and other relatives of inmates in institutions maintained in whole or in […]
BURMAN v. BURMAN, 230 Minn. 75 (1950)
40 N.W.2d 902 GABRIEL BURMAN v. OLOF S. BURMAN AND ANOTHER.[1] No. 34,999.Supreme Court of Minnesota. January 13, 1950. [1] Reported in 40 N.W.2d 902. Appeal and error — review — findings of fact — weight and sufficiency. Witness — credibility — question for trial court. Appeal and error — review — conclusions of law […]
HENNING v. VILLAGE OF PRIOR LAKE, 435 N.W.2d 627 (Minn.App. 1989)
William F. HENNING, Appellant, v. VILLAGE OF PRIOR LAKE, Respondent. No. C4-88-1704.Minnesota Court of Appeals. February 21, 1989. Review Denied April 24, 1989. Appeal from the District Court, Scott County, John M. Fitzgerald, J. Page 628 Syllabus by the Court In a municipal zoning case, the trial court properly granted summary judgment to respondent where […]
AYLMER v. NEW HAMPSHIRE SAVINGS BANK, 195 Minn. 661 (1935)
262 N.W. 257 AMELIA W. AYLMER v. NEW HAMPSHIRE SAVINGS BANK.[1] No. 30,638.Supreme Court of Minnesota. August 30, 1935. [1] Reported in 262 N.W. 257. Certiorari — proceedings — supersedeas. Motion by defendant to require plaintiff, during pendency o certiorari proceeding in this court, granted upon application of plaintiff to review proceeding under L. 1935, […]
STATE v. SAYERS, A09-1578 (Minn.App. 8-24-2010)
State of Minnesota, Respondent, v. Byron Dean Sayers, Appellant. No. A09-1578.Minnesota Court of Appeals. Filed August 24, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]
EDEBY v. PRUDENTIAL INS. CO., 195 Minn. 583 (1935)
264 N.W. 210 JOHN A. EDEBY AND ANOTHER v. PRUDENTIAL INSURANCE COMPANY OF AMERICA.[1] No. 30,606.Supreme Court of Minnesota. December 6, 1935. [1] Reported in 264 N.W. 210. Mortgage — redemption — mortgage moratorium law — extension of time. Held that an extension of the time within which to redeem from a real estate mortgage […]
STATE v. EHRMANTRAUT, A09-880 (Minn.App. 5-25-2010)
State of Minnesota, Respondent, v. Christopher John Ehrmantraut, Appellant. No. A09-880.Minnesota Court of Appeals. Filed May 25, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from District Court, […]
LOMMEN v. MODERN LIFE INSURANCE CO., 212 Minn. 577 (1942)
4 N.W.2d 639 GEORGE H. LOMMEN v. MODERN LIFE INSURANCE COMPANY. THEODORE N. OFSTEDAHL, INTERVENER. KAY TODD, IMPLEADED PARTY. THEODORE N. OFSTEDAHL v. MODERN LIFE INSURANCE COMPANY AND OTHERS. JOHN E. BLOMQUIST AND KAY TODD, APPELLANTS.[1] No. 33,049.Supreme Court of Minnesota. June 19, 1942. [1] Reported in 4 N.W.2d 639. Insurance — life — participation […]
STATE v. COLEMAN, A08-0483 (Minn.App. 7-14-2009)
State of Minnesota, Respondent, v. Christopher E. Coleman, Appellant. No. A08-0483.Minnesota Court of Appeals. Filed July 14, 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 […]
THE TALUS GROUP v. OSTRANDER, A11-51 (Minn.App. 9-12-2011)
The Talus Group, Inc., Appellant, v. Jared Ostrander, et al., Respondents. No. A11-51.Minnesota Court of Appeals. Filed September 12, 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 […]
EXSTED v. COM’R OF PUBLIC SAFETY, 375 N.W.2d 594 (Minn.App. 1985)
Collin Carl EXSTED, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C7-85-869.Minnesota Court of Appeals. November 5, 1985. Appeal from the Municipal Court, Hennepin County, Eugene J. Farrell, J. Page 595 Syllabus by the Court Appellant reasonably refused to take a breath test, and the Commissioner of Public Safety improperly revoked his driving privileges. […]
STRAUCH v. STRAUCH, 401 N.W.2d 444 (Minn.App. 1987)
In re the Marriage of John W. STRAUCH, petitioner, Appellant, v. June STRAUCH, Respondent. No. C0-86-1484.Minnesota Court of Appeals. March 3, 1987. Appeal from the District Court, Ramsey County, Charles A. Flinn, J. Page 445 Syllabus by the Court 1. The trial court did not err by including appellant’s overtime pay in its calculation of […]
E.L.E.S.C.O. v. NORTHERN STATES POWER CO., 370 N.W.2d 700 (Minn.App. 1985)
E.L.E.S.C.O., Appellant, v. NORTHERN STATES POWER COMPANY, Respondent. No. C7-85-94.Minnesota Court of Appeals. July 2, 1985. Review Denied September 19, 1985. Appeal from the District Court, Hennepin County, Carrol E. Larson, J. Syllabus by the Court The trial properly granted judgment to a purchaser notwithstanding the verdict, where all evidence indicated that Page 701 the […]
STATE v. GIVENS, 332 N.W.2d 187 (Minn. 1983)
STATE of Minnesota, Respondent, v. Joseph Nathan GIVENS, Appellant. No. C2-82-196.Supreme Court of Minnesota. April 15, 1983. Appeal from the District Court, Hennepin County, Bruce C. Stone, J. Syllabus by the Court 1. Minnesota’s Sentencing Guidelines are neither on their face nor as applied unconstitutional on vagueness or overbreadth grounds. 2. The trial court’s treble […]
KING v. CARROLL, 356 N.W.2d 449 (Minn.App. 1984)
In re the Marriage of Frances LaRaye (Carroll) KING, Respondent, v. Matthew CARROLL, Appellant. No. C1-84-808.Minnesota Court of Appeals. October 23, 1984. Appeal from the County Court, St. Louis County, David Ackerson, J. Syllabus by the Court 1. A motion for change of custody based on allegations that the children’s physical health is in danger […]
STATE v. JACKSON, C4-01-940 (Minn.App. 9-1-2001)
State v. Jackson. No. C4-01-940.Minnesota Court of Appeals. September 1, 2001. Appeal from the District, Hennepin County, Schumacher, J. Hon. Deborah Hedlund Reversed and remanded
PREMIER BANK v. BECKER DEVELOPMENT, LLC, A08-1252 (Minn. 9-16-2009)
Premier Bank v. Becker Development, LLC, et al., Nancy C. Buehler, et al., Pamela J. Noll, Bauerly Brothers, Inc., Kuechle Underground, Inc., John Oliver Associates, Inc., and Premier Bank v. Boone Builders, Incorporated, et al., Kuechle Underground, Inc., John Oliver Associates, Inc. v. Boone Family Investments, LLC, et al. Nos. A08-1252 and A08-1700.Supreme Court of […]
CARLSON v. FRIDAY, 694 N.W.2d 828 (Minn.App. 2005)
Jaclyn Marie CARLSON, Appellant, v. Edward FRIDAY, Respondent, Wendy Chenvert, d/b/a Hot Dogs Groomery, Defendant. No. A04-804.Minnesota Court of Appeals. April 26, 2005. Appeal from the District Court, Hennepin County, Deborah Hedlund, J. SYLLABUS A dog groomer, who voluntarily accepts temporary responsibility for care of Page 829 a dog and exhibits basic attributes of ownership, […]
STATE v. GEBREMARIAM, C8-97-59 (Minn.App. 1-6-1998)
State of Minnesota, Respondent, v. Michael Gebremariam, Appellant. No. C8-97-59.Minnesota Court of Appeals. Filed January 6, 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, […]
IN RE ESTATE OF HORE, 222 Minn. 197 (1946)
23 N.W.2d 590 IN RE ESTATE OF WILLIAM M. HORE. HELEN R. RYDEEN v. FRANK J. COLLINS.[1] No. 34,194.Supreme Court of Minnesota. June 21, 1946. [1] Reported in 23 N.W.2d 590. Appeal and error — mandate of supreme court — duty and power of trial court as to execution thereof. 1. Where this court reverses […]
EPSTEIN v. EPSTEIN, 268 N.W.2d 50 (Minn. 1978)
Glenda Ruth EPSTEIN, petitioner, Appellant, v. Herschel S. EPSTEIN, Respondent. No. 47475.Supreme Court of Minnesota. May 26, 1978. Appeal from the District Court, Hennepin County, Susanne Sedgwick, J. Ellen Dresselhuis, Minneapolis, for appellant. Grossman, Karlins, Siegel Brill, Minneapolis, for respondent. Considered and decided by the court without oral argument. PER CURIAM. Appellant, Glenda Ruth Epstein, […]
SKELLEY v. LUCENT TECHNOLOGIES, A06-1358 (Minn. 10-25-2006)
Thomas Skelley, Respondent, v. Lucent Technologies, and Reliance National Insurance Company/Heritage Claim Service, Relators. No. A06-1358.Supreme Court of Minnesota. Filed: October 25, 2006. Considered and decided by the court en banc. ORDER RUSSELL A. ANDERSON, Chief Justice Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the decision of the […]
STATE v. KESTELOOT, A03-668 (Minn.App. 2-3-2004)
State of Minnesota, Respondent, v. Scott G. Kesteloot, Appellant. No. A03-668.Minnesota Court of Appeals. Filed February 3, 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 […]
HYDRA-MAC, INC. v. ONAN CORP., 430 N.W.2d 846 (Minn.App. 1988)
HYDRA-MAC, INC., International Harvester Company, Respondents, v. ONAN CORPORATION, Appellant. No. C9-88-662.Minnesota Court of Appeals. November 1, 1988. Review Granted January 13, 1989. Appeal from the District Court, Pennington County, Russell Anderson, J. Page 847 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]
STATE v. PORTER, 411 N.W.2d 187 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. Theodore Jimmie PORTER, Appellant. No. C1-86-2112.Minnesota Court of Appeals. August 18, 1987. Appeal from the District Court, Hennepin County, A. Paul Lommen, J. Page 188 Syllabus by the Court 1. The trial court properly ruled that the identification procedures were not impermissibly suggestive, that evidence was legally seized pursuant to […]
ARNDT v. MINNESOTA EDUCATION ASSN., 270 Minn. 489 (1965)
134 N.W.2d 136 JOHN ARNDT v. MINNESOTA EDUCATION ASSOCIATION. No. 39,811.Supreme Court of Minnesota. March 26, 1965. Appeal and error — time for taking appeal from judgment — effect of statute. The limitation of time within which an appeal may be taken following entry of judgment prescribed by Minn. St. 605.08, subd. 1, as amended […]
STATE v. ALT, 529 N.W.2d 727 (Minn.App. 1995)
STATE of Minnesota, Respondent, v. Daryl Duane ALT, Appellant. No. C7-94-1334.Minnesota Court of Appeals. April 18, 1995. Appeal from the District Court, Olmsted County, Gerard W. Ring, J. Page 728 Syllabus by the Court 1. The trial court may admit Spreigl evidence when the state’s evidence of identity was weak and the defense presented alibi […]
STATE v. SANDBERG, 168 Minn. 363 (1926)
209 N.W. 943 STATE v. E.T. SANDBERG.[1] No. 25,709.Supreme Court of Minnesota. July 30, 1926. [1] Reported in 209 N.W. 943. Statute forbids town official from collecting for upkeep of his motor used in town business. G.S. 1923, § 1096, which forbids public officials from being interested in contracts which they make, prevents a town […]
STUSSY v. GABBERT GABBERT COMPANY, A07-1875 (Minn.App. 9-9-2008)
David L. Stussy, et al., Appellants, v. Gabbert and Gabbert Company, LLLP, et al., Respondents, Burnet Realty, Inc. d/b/a Coldwell Banker Burnet, et al., Respondents. No. A07-1875.Minnesota Court of Appeals. Filed September 9, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be […]
GATE CO. v. MIDWEST FEDERAL SAV., ETC., 324 N.W.2d 202 (Minn. 1982)
GATE COMPANY, Respondent, v. MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant, and William A. SMITH, Jr., et al., Respondents, v. TWIN CITY FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant. Nos. 81-1003, 81-1287.Supreme Court of Minnesota. August 31, 1982. Appeal from the District Court, Hennepin County, Susan Sedgwick and Irving C. Iverson, JJ. Page 203 Syllabus by […]
GOEDE v. RONDORF, 231 Minn. 322 (1950)
43 N.W.2d 770 DELIA A. GOEDE v. R. J. RONDORF AND ANOTHER.[1] No. 35,151.Supreme Court of Minnesota. June 9, 1950. [1] Reported in 43 N.W.2d 770. Negligence — proximate cause of injury. 1. The mere fact that the accident resulting in death to plaintiff’s decedent would not have happened but for the original negligence of […]
ROHR v. KNUTSON CONSTRUCTION CO., 305 Minn. 26 (1975)
232 N.W.2d 233 MARVIN L. ROHR v. KNUTSON CONSTRUCTION COMPANY AND ANOTHER. LAMETTI AND SONS CONTRACTORS, RESPONDENTS. No. 45035.Supreme Court of Minnesota. July 25, 1975. Workmen’s compensation — proceedings — review — findings relating to injuries and disability. The evidence supports the findings of the Workmen’s Compensation Commission that certain injuries sustained by employee were […]
TRINE v. STATE, C2-99-238 (Minn. 10-21-1998)
J.C. Trine v. State No. C2-99-238.Supreme Court of Minnesota. October 21, 1998. Denied
JONES v. STATE, A07-1193 (Minn.App. 9-30-2008)
Scott E. Jones, Appellant, v. State of Minnesota, Respondent. No. A07-1193.Minnesota Court of Appeals. Filed September 30, 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 […]
DELYEA v. GOOSSEN, 226 Minn. 91 (1948)
32 N.W.2d 179 SANFORD J. DELYEA v. J. FRED GOOSSEN AND ANOTHER. AAGOT DELYEA v. SAME. KATHLEEN DELYEA HANF v. SAME. MARTHA DELYEA KING, APPELLANT.[1] Nos. 34,541, 34,542, 34,543, 34,547, 34,548, 34,549.Supreme Court of Minnesota. April 16, 1948. [1] Reported in 32 N.W.2d 179. Automobile — collision at intersection — verdicts for plaintiffs sustained. 1. […]
SMEDSRUD v. BROWN, 303 Minn. 330 (1975)
227 N.W.2d 572 WALTER G. SMEDSRUD v. MICHAEL BROWN. No. 45041.Supreme Court of Minnesota. March 21, 1975. Negligence — action by bailor against third person — refusal to impute negligence of bailee. The adoption of comparative negligence does not at this time require the rejection of the doctrine that the negligence of a bailee is […]
IN RE JENISON CONTEMPT PROCEEDINGS, 267 Minn. 136 (1963)
125 N.W.2d 588 IN RE MRS. OWEN JENISON CONTEMPT PROCEEDINGS. No. 38,940.Supreme Court of Minnesota. December 20, 1963. Jury — jury service — religious belief’s prohibiting — effect. Upon reconsideration of the decision reached in the case of In re Jenison Contempt Proceedings, 265 Minn. 96, 120 N.W.2d 515, pursuant to a remand from the […]
BARTLETT v. COMMISSIONER OF PUBLIC SAFETY, C1-96-2385 (Minn.App. 4-29-1997)
ROBERT L. BARTLETT, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C1-96-2385.Minnesota Court of Appeals. Filed April 29, 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 […]
MESENBOURG v. MESENBOURG, 538 N.W.2d 489 (Minn.App. 1995)
In re the Marriage of Susan Terese MESENBOURG, n/k/a Susan Terese Baratto, petitioner, Respondent, v. Jerome Edward MESENBOURG, Jr., Appellant. No. C3-95-675.Minnesota Court of Appeals. October 3, 1995. Appeal from the District Court, Washington County, Smith F. Eggleston, J. Page 490 Syllabus by the Court 1. On these facts, a party submitted to the trial […]
DYSON v. SCHMIDT, 260 Minn. 129 (1961)
109 N.W.2d 262 GEORGE DYSON V. RICHARD SCHMIDT AND ANOTHER. No. 38,029.Supreme Court of Minnesota. May 5, 1961. Police — apprehension of felon — conduct of officer — when liable for negligence. 1. A police officer confronted with a sudden emergency, when it appears that a felon is threatening or endangering the life of the […]
STATE v. HORNER, 617 N.W.2d 452 (Minn.App. 2000)
State of Minnesota, City of Maple Grove, Appellant, vs. David Gary Horner, Respondent (CX-00-592), Robin Cheryl Horner, Respondent (C1-00-593). No. CX-00-592, C1-00-593.Minnesota Court of Appeals. Filed October 10, 2000. Hennepin County District Court, File Nos. 96086639 96086637. Page 453 SYLLABUS 1. Petitions for the expungement of criminal records are governed by chapter 609A (1998), rather […]
HIGH FOREST TRUCK STOP v. LaCROSSE PETRO., 364 N.W.2d 810 (Minn.App. 1985)
HIGH FOREST TRUCK STOP, INC., Respondent, v. LaCROSSE PETROLEUM EQUIPMENT CO., Appellant. No. C0-84-1464.Minnesota Court of Appeals. March 19, 1985. Appeal from the District Court, Winona County, Lawrence T. Collins, J. Page 811 Syllabus by the Court The jury’s answers to special interrogatories were reasonably supported by the evidence. William L. French, Muir, Heuel Carlson, […]
SCHAFER v. JLC FOOD SYSTEMS, INC., 695 N.W.2d 570 (Minn. 2005)
Karen SCHAFER, Appellant, v. JLC FOOD SYSTEMS, INC., d/b/a Perkins Family Restaurant, defendant and third-party plaintiff, Respondent, v. The Restaurant Company, d/b/a Foxtail Foods, third-party defendant, Respondent. No. A03-779.Supreme Court of Minnesota. April 28, 2005. Appeal from the District Court, Stearns County, Richard T. Jessen, J. Page 571 SYLLABUS 1. When a person suffers injury […]
STATE v. WEHMEYER, A07-2345 (Minn.App. 12-8-2009)
State of Minnesota, Respondent, v. Ricky Lee Wehmeyer, Appellant. No. A07-2345.Minnesota Court of Appeals. Filed December 8, 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 […]
VOGEL v. AMERICAN FAMILY MUT. INS. CO., A06-1073 (Minn.App. 1-23-2007)
Tom Vogel, et al., Appellants, v. American Family Mutual Insurance Company, et al., Respondents. No. A06-1073.Minnesota Court of Appeals. Filed January 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 […]
RUONA v. FREEWAY DODGE, INC., 285 Minn. 23 (1969)
171 N.W.2d 212 THOMAS RUONA v. FREEWAY DODGE, INC., AND ANOTHER. No. 41428.Supreme Court of Minnesota. September 26, 1969. Sales — automobile installment sale contract — unequal payments — permissible time price differential. Minn. St. 168.72(c) of the Motor Vehicle Retail Installment Sales Act permits a seller to charge a maximum time price differential on […]
STATE EX REL. PEARSON v. PROBATE COURT, 205 Minn. 545 (1939)
287 N.W. 297 STATE EX REL. CHARLES EDWIN PEARSON v. PROBATE COURT OF RAMSEY COUNTY AND ANOTHER.[1] No. 32,163.Supreme Court of Minnesota. June 30, 1939. [1] Reported in 287 N.W. 297. Constitution — jurisdiction of probate court — persons of psychopathic personality. 1. L. 1939, c. 369, which subjects persons who are irresponsible for their […]
IN RE ARAJ v. AGHA, C8-98-2176 (Minn.App. 4-20-1999)
In Re the Marriage of: Josephine Odeh Araj, petitioner, Appellant, v. Salim Ahmed Agha, Respondent. No. C8-98-2176.Minnesota Court of Appeals. Filed April 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. § 480A.08, subd. […]
SCHELMESKE v. VEIT, 390 N.W.2d 309 (Minn.App. 1986)
In re the Marriage of Joyce E. SCHELMESKE, f.k.a. Joyce E. Veit, petitioner, Respondent, v. LaVern W. VEIT, Appellant. No. C5-86-170.Minnesota Court of Appeals. July 1, 1986. Appeal from the District Court, Hennepin County, Sheryl R. Hvass, J. Page 310 Syllabus by the Court The trial court did not abuse its discretion by granting an […]
KLING v. P. H. DAVIS TAILORING CO., 194 Minn. 179 (1935)
259 N.W. 809 ARIEL O. KLING v. P. H. DAVIS TAILORING COMPANY.[1] No. 30,282.Supreme Court of Minnesota. March 29, 1935. [1] Reported in 259 N.W. 809. Workmen’s compensation act — notice of injury to nonresident employer — service by mail — jurisdiction. 1 Mason Minn. St. 1927, § 4301, providing for mailing of notices by […]
CLOW v. STATE, A04-2175 (Minn.App. 11-22-2005)
Phillip Ray Clow, Sr. v. State. No. A04-2175.Minnesota Court of Appeals. November 22, 2005. Denied.
LOCKWOOD v. INDEPENDENT SCHOOL DIST. NO. 877, 312 N.W.2d 924 (Minn. 1981)
Ronald K. LOCKWOOD, Sr., Relator (51976), v. INDEPENDENT SCHOOL DISTRICT NO. 877, et al., Relators (51931), and Blue Cross and Blue Shield of Minnesota, intervenor, Respondent. Horace Mann Life Insurance Company, intervenor, Respondent. Nos. 51931, 51976.Supreme Court of Minnesota. December 4, 1981. Syllabus by the Court In the absence of a clearly expressed legislative intent […]
STATE v. AMOS, CX-03-42 (Minn.App. 9-2-2003)
State of Minnesota, Respondent, v. Russell Lloyd Amos, Appellant. No. CX-03-42.Minnesota Court of Appeals. Filed September 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. 3 (2002). Appeal from the District […]
DORGELOH v. MARK, 183 Minn. 265 (1931)
236 N.W. 325 HARRY H. DORGELOH v. A. S. MARK AND ANOTHER.[1] No. 28,338.Supreme Court of Minnesota. April 24, 1931. [1] Reported in 236 N.W. 325. When directed verdict for defendant is proper. 1. If the evidence is such that a verdict in plaintiff’s favor would have to be set aside by the court, not […]
STATE v. GENEREUX, 272 N.W.2d 33 (Minn. 1978)
STATE of Minnesota, Respondent, v. Thomas Edward GENEREUX, Appellant. No. 47597.Supreme Court of Minnesota. November 3, 1978. Appeal from the District Court, Pennington County, Warren Saetre, J. C. Paul Jones, Public Defender, J. Christopher Cuneo, Asst. Public Defender, Minneapolis, for appellants. Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Jane Prohaska, Sp. Asst. […]
KAPLAN v. WASHINGTON COUNTY COM. S. SERV., 494 N.W.2d 487 (Minn.App. 1993)
Anthony KAPLAN, Appellant, v. WASHINGTON COUNTY COMMUNITY SOCIAL SERVICES, Respondent, Minnesota Department of Human Services, Respondent. No. C0-92-1073.Minnesota Court of Appeals. January 5, 1993. Appeal from the District Court, Washington County, Joseph R. Quinn, J. Page 488 Syllabus by the Court A person with Tourette Syndrome does not qualify for case management and home and […]
IN RE MARRIAGE OF NNEBEDUM v. NNEBEDUM, C0-97-1884 (Minn.App. 6-2-1998)
In Re the Marriage of: Ngozi Beatrice Nnebedum, petitioner, Appellant, v. Chimezie Nnebedum, Respondent. No. C0-97-1884.Minnesota Court of Appeals. Filed June 2, 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 […]
GARCIA v. COMMR. OF PUBLIC SAFETY, C5-97-1380 (Minn.App. 1-13-1998)
Albert Arnold Garcia, petitioner, Respondent, v. Commissioner of Public Safety, Appellant. No. C5-97-1380.Minnesota Court of Appeals. Filed January 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 […]
McKNIGHT v. BROZICH, 164 Minn. 90 (1925)
204 N.W. 917 A.G. McKNIGHT v. GEORGE L. BROZICH AND OTHERS.[1] No. 24, 620.Supreme Court of Minnesota. July 3, 1925. [1] Reported in 204 N.W. 917. Foreclosure of mortgage not void because made without first obtaining leave of court. The foreclosure sale under a paramount mortgage of real estate, which at the time being is […]
BRANTNER FARMS, INC. v. GARNER, C6-01-1572 (Minn.App. 6-4-2002)
Brantner Farms, Inc., et al., Appellants, v. Lee B. Garner, et al., Respondents. No. C6-01-1572Minnesota Court of Appeals. Filed June 4, 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). […]
STATE v. CLAY, CX-99-343 (Minn.App. 9-14-1999)
STATE OF MINNESOTA, Respondent, v. NATHAN WEBB CLAY, Appellant. No. CX-99-343.Minnesota Court of Appeals. Filed September 14, 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 […]