233 N.W. 590 STATE v. THOMAS COREY, ALIAS TOM FINN.[1] No. 28,043.Supreme Court of Minnesota. December 12, 1930. [1] Reported in 233 N.W. 590. Jury may return verdict of not guilty even if contrary to law and evidence. 1. It was error to charge the jury that the only issue was whether defendant was guilty […]
Category: Minnesota Court Opinions
IN RE ESTATE OF GALBRAITH, 210 Minn. 356 (1941)
298 N.W. 253 IN RE ESTATE OF FLORA GALBRAITH. ALTON WILSON AND OTHERS v. LLOYD EHLERS AND OTHERS.[1] No. 32,807.Supreme Court of Minnesota. May 23, 1941. [1] Reported in 298 N.W. 253. Descent and distribution — disposition by devise to be made as though there were no will — heirs — brothers, sisters, and their […]
STATE v. BARTEN, A04-813 (Minn.App. 3-29-2005)
State of Minnesota, Respondent, v. Melissa Ann Barten, Appellant. No. A04-813.Minnesota Court of Appeals. Filed March 29, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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. STEIN, 215 Minn. 308 (1943)
9 N.W.2d 763 STATE v. FRANK N. STEIN.[1] No. 33,490.Supreme Court of Minnesota. May 28, 1943. [1] Reported in 9 N.W.2d 763. Game — purchase and sale of raw furs — mandatory statutory provisions. 1. L. 1941, c. 410, Minn. St. 1941, § 98.12 (Mason St. 1941 Supp. § 5547), which amends Mason St. 1940 […]
STATE v. BERGERON, 290 Minn. 1 (1971)
185 N.W.2d 894 STATE v. RONALD JOHN BERGERON. No. 42235.Supreme Court of Minnesota. March 26, 1971. Criminal law — conviction of taking indecent liberties — sufficiency of evidence. Direct and corroborating evidence held sufficient to sustain a conviction of the crime of taking indecent liberties with a 12-year-old girl. Appeal by Ronald John Bergeron from […]
MAGONE v. DENMARK TOWNSHIP, C7-02-1932 (Minn.App. 7-3-2003)
Ronald Magone, et al., Appellants, vs. Denmark Township, Respondent. No. C7-02-1932.Minnesota Court of Appeals. Filed July 3, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 Washington […]
CUP FOODS, INC. v. CITY OF MINNEAPOLIS, 633 N.W.2d 557 (Minn.App. 2001)
CUP Foods, Inc., a Minnesota Corporation, and its President Samir Hamaden Abumayyaleh, Relators, vs. City of Minneapolis, Respondent. No. C2-01-399.Minnesota Court of Appeals. Filed September 11, 2001. Appeal from City of Minneapolis, Docket No. 9-2110-12612-3 Page 558 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]
JOPP v. AUTO-OWNERS INS., 376 N.W.2d 535 (Minn.App. 1985)
Roger JOPP, Respondent, v. AUTO-OWNERS INSURANCE, Appellant. No. C7-85-1231.Minnesota Court of Appeals. November 19, 1985. Appeal from the District Court, Kittson County, Russell A. Anderson, J. Syllabus by the Court Appellant was not excluded from no-fault coverage for injuries caused by a racing vehicle in the parking lot after the races were over. Robert M. […]
STATE v. SKIBA, A10-1772 (Minn. 10-26-2011)
State v. Joseph Edward Skiba. No. A10-1772.Supreme Court of Minnesota. Filed October 26, 2011. ORDER ON PETITION FOR FURTHER REVIEW Denied Page 1
STATE v. GEMELLI, A08-1605 (Minn.App. 10-20-2009)
State of Minnesota, Respondent, v. Dominic NMN Gemelli, Appellant. No. A08-1605.Minnesota Court of Appeals. Filed October 20, 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 […]
WILLS v. CITIZENS STATE BANK OF SILVER LAKE, 399 N.W.2d 626 (Minn.App. 1987)
Earl George WILLS, et al., Plaintiffs, v. CITIZENS STATE BANK OF SILVER LAKE, Minnesota, Respondent, Henry Wiedenroth, et al., Third Party Plaintiffs, Appellants. No. C5-86-1318.Minnesota Court of Appeals. January 27, 1987. Appeal from the District Court, McLeod County, Martin J. Mansur, J. Page 627 Syllabus by the Court Appellants are collaterally estopped from raising issues […]
STATE v. WITTMER, C7-96-2262 (Minn.App. 7-22-1997)
State of Minnesota, Respondent, v. John Alan Wittmer, Appellant. No. C7-96-2262.Minnesota Court of Appeals. Filed July 22, 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 […]
IN RE ESTATE OF ERVIN, 399 N.W.2d 200 (Minn.App. 1987)
In re ESTATE OF Valley I. ERVIN, Deceased. No. C3-86-1043.Minnesota Court of Appeals. January 13, 1987. Review Denied March 18, 1987. Appeal from the County Court, Mille Lacs County, Ranier Weis, J. Syllabus by the Court 1. A party claiming that the omission of a child from a will was intentional and not the result […]
STATE v. MURRAY, A10-0622 (Minn. 8-16-2011)
State v. Lee Damion Murray. No. A10-0622.Supreme Court of Minnesota. Filed August 16, 2011. ORDER ON PETITION FOR FURTHER REVIEW Denied Page 3
STATE v. WILLIAMS, A10-735 (Minn.App. 3-8-2011)
State of Minnesota, Respondent, v. Daniel Lamont Williams, Appellant. No. A10-735.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 […]
LAMIRE v. INDUSTRIAL COMMISSION, 170 Minn. 300 (1927)
212 N.W. 415 ENEAS LAMIRE v. INDUSTRIAL COMMISSION AND OTHERS.[1] No. 26,043.Supreme Court of Minnesota. February 18, 1927. [1] Reported in 212 N.W. 415. Order of industrial commission not reviewable by certiorari. An order of the industrial commission providing for an injured employe a change of physicians and hospitalization is not reviewable by certiorari. Workmen’s […]
IN RE RHEAUME v. RHEAUME, C6-98-524 (Minn.App. 9-1-1998)
In Re the Marriage of: Debra A. Rheaume, petitioner, Appellant, v. Craig A. Rheaume, Respondent. No. C6-98-524.Minnesota Court of Appeals. Filed September 1, 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. […]
STATE v. NORGAARD, A06-56 (Minn. 7-19-2006)
State v. Justin K. Norgaard. No. A06-56.Supreme Court of Minnesota. July 19, 2006. Granted/Stayed.
HAGEN v. SNOW, 244 Minn. 101 (1955)
69 N.W.2d 100 INGA HAGEN AND ANOTHER v. HAROLD J. SNOW.[1] No. 36,403.Supreme Court of Minnesota. March 4, 1955. [1] Reported in 69 N.W.2d 100. Trial — instructions — meaning conveyed by reading to jurors controls in determining error. In construing a charge as a whole, its adequacy in correctly setting forth controlling principles of […]
STATE v. WINNINGHAM, 406 N.W.2d 70 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. James G. WINNINGHAM, Appellant. No. C3-86-1379.Minnesota Court of Appeals. May 26, 1987. Review Denied July 15, 1987. Appeal from the District Court, Washington County, Thomas Armstrong, J. Syllabus by the Court Appellant was denied his constitutional right to a fair trial, because the jury was inadvertently allowed to view evidence […]
STATE v. GRZESKOWIAK, CX-99-66 (Minn. 12-14-1999)
State v. Peter Grzeskowiak. No. CX-99-66.Supreme Court of Minnesota. December 14, 1999. Denied.
DO ALL PRINTING.COM v. OUR COMM. USA, C5-02-2187 (Minn.App. 8-19-2003)
Do All Printing.Com, Inc., Respondent, v. Our Community USA, Appellant. No. C5-02-2187.Minnesota Court of Appeals. Filed August 19, 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 […]
LINDBERG v. LINDBERG, 384 N.W.2d 442 (Minn. 1986)
In Re the Marriage of: Janice Ruth LINDBERG, Petitioner, Respondent, v. Dennis Wayne LINDBERG, Appellant. No. C9-85-727.Supreme Court of Minnesota. April 1, 1986. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the decision of the Court of Appeals be, and the same is, hereby affirmed. See Tell v. […]
CUMMINS v. REDMAN, 312 Minn. 237 (1977)
251 N.W.2d 343 JANICE P. CUMMINS v. MARTIN L. REDMAN. Nos. 46748, 46954.Supreme Court of Minnesota. February 18, 1977. Divorce — child support — action to recover arrearages — jurisdiction of municipal court — award of attorneys fees. Parent and child — emancipation — determination. Action by Janice P. Redman, also known as Janice P. […]
KRESS v. MINNEAPOLIS-MOLINE CO., 258 Minn. 1 (1960)
102 N.W.2d 497 JOHN R. KRESS, SPECIAL ADMINISTRATOR OF ESTATE OF LEO A. KRESS, v. MINNEAPOLIS-MOLINE COMPANY. No. 37,806.Supreme Court of Minnesota. April 14, 1960. Workmen’s compensation — right to compensation — law governing. 1. The substantive rights of an employee to compensation under our workmen’s compensation laws become fixed by the law in force […]
R T EQUIPMENT v. NASERS, 346 N.W.2d 678 (Minn.App. 1984)
R T EQUIPMENT, Appellant, v. Roy NASERS, Respondent. No. C3-83-1562.Minnesota Court of Appeals. April 10, 1984. Appeal from the County Court, Jackson County, D.G. Lasley, J., Syllabus by the Court The trial court’s finding that buyer is not liable to seller for the cost of replacing a defective combine header control system has substantial evidentiary […]
STATE v. JACOBSON, C0-97-220 (Minn.App. 11-4-1997)
State of Minnesota, Respondent, v. Steven Brent Jacobson, Appellant. No. C0-97-220.Minnesota Court of Appeals. Filed November 4, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District […]
MULLIN v. THE FIDELITY CASUALTY CO., 271 Minn. 551 (1965)
136 N.W.2d 613 MICHAEL JAMES MULLIN AND ANOTHER v. THE FIDELITY AND CASUALTY COMPANY OF NEW YORK AND OTHERS. No. 39,473.Supreme Court of Minnesota. July 16, 1965. Insurance — automobile liability policy — construction — use with permission of named insured. A entrusts a car to B, his employee, for general use but with the […]
IN RE CHILD OF KAISER, A03-546 (Minn.App. 12-2-2003)
In the Matter of the Child of Doreen Kaiser. No. A03-546.Minnesota Court of Appeals. Filed December 2, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from Lake County […]
IN RE MARICK, 560 N.W.2d 388 (Minn. 1997)
In re Petition for Reinstatement to the Practice of Law of Anthony M. MARICK. No. C0-96-174.Supreme Court of Minnesota. March 11, 1997. ORDER WHEREAS, on April 15, 1996, this court suspended petitioner Anthony M. Marick from the practice of law for a period of 9 months; and WHEREAS, pursuant to Rule 18, Rules on Lawyers […]
UNITED ARTISTS CORP. v. MILLER, 192 Minn. 219 (1934)
256 N.W. 848 UNITED ARTISTS CORPORATION v. W. M. MILLER.[1] No. 29,716.Supreme Court of Minnesota. June 29, 1934. [1] Reported in 255 N.W. 848. Case followed. Plaintiff appealed from a judgment of the district court for Carlton county, C.R. Magney, Judge, entered against it in favor of defendant. Affirmed, following Fox Film Corp. v. Muller, […]
IN RE ESTATE OF COOKE, 207 Minn. 452 (1940)
292 N.W. 95 IN RE ESTATE OF MAY COOKE. ARNOLD L. SIDMORE v. CLAUDE H. ALLEN AND OTHERS.[1] No. 32,284.Supreme Court of Minnesota. May 10, 1940. [1] Reported in 292 N.W. 95. Will — compensation for services by testamentary disposition — value of legacy. 1. Following the decision in the Kalscheuer case, 207 Minn. 437, […]
STATE v. S. M. Q., A09-1503 (Minn.App. 6-1-2010)
State of Minnesota, Commissioner of Human Services, Appellant, v. S. M. Q., Respondent. No. A09-1503.Minnesota Court of Appeals. Filed: June 1, 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). […]
ANDERSON v. AMERICAN CAS. CO., 504 N.W.2d 467 (Minn. 1993)
Stanley L. ANDERSON, Respondent, v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, possibly known as CNA Insurance Company, petitioner, Appellant, State Farm Mutual Automobile Insurance Company, petitioner, Appellant. No. C0-92-1767.Supreme Court of Minnesota. August 20, 1993. Appeal from the District Court, Washington County, R. Justice Quinn, J. Syllabus by the Court Where the record demonstrates no […]
WAHL v. COMMISSIONER OF PUBLIC SAFETY, 354 N.W.2d 561 (Minn.App. 1984)
Brent James WAHL, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C1-84-422.Minnesota Court of Appeals. September 11, 1984. Appeal from the County Court, Lyon County, George I. Harrelson, J. Syllabus by the Court Where an officer asks a driver to accompany him to the police station after the driver failed field sobriety tests, a […]
CHRISTENSON v. ALLEN, 264 Minn. 395 (1963)
119 N.W.2d 35 GERALD W. CHRISTENSON v. CLAUDE H. ALLEN AND OTHERS. No. 38,967.Supreme Court of Minnesota. January 8, 1963. Elections — notice of contest — nature — sufficiency. A written notice of contest designed to limit an election contest to a recount of the votes cast is to be regarded under our election laws […]
OPSAHL v. STATE, 677 N.W.2d 414 (Minn. 2004)
Darby Jon Opsahl, petitioner, Appellant, v. State of Minnesota, Respondent. No. A03-298.Supreme Court of Minnesota. Filed: April 8, 2004. Appeal from Office of Appellate Courts, McLeod County. Page 415 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 416 [EDITORS’ NOTE: THIS PAGE […]
MEYER v. MEYER, 375 N.W.2d 820 (Minn.App. 1985)
In re the Marriage of: John D. MEYER, Petitioner, Appellant, v. Margery E. MEYER, Respondent. No. C3-85-514.Minnesota Court of Appeals. October 15, 1985. Review Denied December 30, 1985. Appeal from the County Court, St. Louis County, Robert V. Campbell, J. Page 821 Syllabus by the Court 1. The trial court did not err by granting […]
IN MATTER OF C.K.W., A09-635 (Minn. 11-17-2009)
In the Matter of the Welfare of the Children of: C.K.W. and R.D.T., Parents. No. A09-635.Supreme Court of Minnesota. Filed November 17, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
STATE v. ANDERSON, 379 N.W.2d 70 (Minn. 1985)
STATE of Minnesota, Respondent, v. Steven Todd ANDERSON, f.k.a. Steven Todd Jenkins, Appellant. No. C4-84-964.Supreme Court of Minnesota. December 13, 1985. Appeal from the District Court, Lincoln County, Walter H. Mann, J. Page 71 Syllabus by the Court 1. The evidence, taken as a whole, identifies defendant, beyond a reasonable doubt, as the person who […]
HEILLE v. YMCA GREATER SAINT PAUL, A04-1868 (Minn.App. 8-9-2005)
Jerie Heille, Relator, v. YMCA Greater Saint Paul, Respondent, Commissioner of Employment and Economic Development, Respondent. No. A04-1868.Minnesota Court of Appeals. Filed August 9, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, […]
BLOTTI v. STATE, A04-936 (Minn.App. 2-1-2005)
Harland Blotti, petitioner, Appellant, v. State of Minnesota, Respondent. No. A04-936.Minnesota Court of Appeals. Filed February 1, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the District […]
STATE v. PREUSS, 217 Minn. 100 (1944)
13 N.W.2d 774 STATE v. PAUL PREUSS.[1] No. 33,690.Supreme Court of Minnesota. March 31, 1944. [1] Reported in 13 N.W.2d 774. Intoxicating liquor — illegal sale — power of court to enjoin. 1. Where there have been continual and persistent violations of the liquor statutes and repeated convictions have failed to abate them, an injunction […]
SHORT v. GREAT NORTHERN LIFE INSURANCE CO., 179 Minn. 19 (1929)
228 N.W. 440 JOHN H. SHORT v. GREAT NORTHERN LIFE INSURANCE COMPANY.[1] No. 27,584.Supreme Court of Minnesota. December 13, 1929. [1] Reported in 228 N.W. 440. Action on accident policy. In an action to recover upon a policy insuring against loss of time due to accident, it is held that: Amendment of complaint not prejudicial […]
CARGILL, INC. v. NATIONAL UNION FIRE INS. CO., A03-187 (Minn.App. 1-13-2004)
Cargill, Incorporated, Appellant, v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Respondent, Travelers Casualty and Surety Company, et al., Defendants, Gerling-Konzern General Insurance Company, Respondent. No. A03-187.Minnesota Court of Appeals. Filed January 13, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not […]
AITKIN COUNTY FAMILY SERVICE v. GANGL, 441 N.W.2d 814 (Minn.App. 1989)
AITKIN COUNTY FAMILY SERVICE AGENCY on Behalf of Judy LorAnn WIEBRAND, Appellant, v. Robert Joseph GANGL, Respondent. No. C5-88-2439.Minnesota Court of Appeals. June 20, 1989. Review Denied August 15, 1989. Appeal from the District Court, Aitkin County, Robert S. Graff, J. Page 815 Syllabus by the Court 1. The jury’s verdict against a claim of […]
STATE v. SORNSEN, C9-02-1687 (Minn.App. 7-29-2003)
State of Minnesota, Respondent, vs. Dennis James Sornsen, Appellant. No. C9-02-1687.Minnesota Court of Appeals. Filed: July 29, 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 Isanti County […]
REICHERT v. PURE OIL CO., 172 Minn. 8 (1927)
214 N.W. 669 F.W. REICHERT AND ANOTHER v. PURE OIL COMPANY.[1] Nos. 26,095, 26,112.Supreme Court of Minnesota. June 17, 1927. [1] Reported in 214 N.W. 669. When plea of former action pending is not good. 1. The plea of former action pending is not good where, though they relate to the same subject matter, the […]
WEUM v. MUTUAL BENEFIT HEALTH ACCIDENT ASSN., 237 Minn. 89 (1952)
54 N.W.2d 20 EVELYN ZOE WEUM, EXECUTRIX, SUBSTITUTED FOR THURSTON W. WEUM, DECEASED, v. MUTUAL BENEFIT HEALTH ACCIDENT ASSOCIATION, OMAHA. SAME v. UNITED BENEFIT LIFE INSURANCE COMPANY, OMAHA.[1] No. 35,621.Supreme Court of Minnesota. May 29, 1952. [1] Reported in 54 N.W.2d 20. Insurance — accident and health — “total loss of time.” Where defendant insurance […]
MATSON v. MATSON, 310 N.W.2d 502 (Minn. 1981)
Dorothy MATSON, Respondent, v. Charles D. MATSON, Appellant. No. 51894.Supreme Court of Minnesota. September 25, 1981. Rehearing Denied November 2, 1981. Appeal from the District Court, Washington County, John F. Thoreen. Page 503 Syllabus by the Court 1. The Wisconsin judgment for support and maintenance arrearages is definite and certain and for a specific amount. […]
IN RE VANG PAO LEE, 764 N.W.2d 19 (Minn. 2009)
In re Petition for DISCIPLINARY ACTION AGAINST VANG PAO LEE, a Minnesota Attorney, Registration No. 308614. No. A07-1902.Supreme Court of Minnesota. April 13, 2009. ORDER On July 1, 2006, respondent Vang Pao Lee was suspended from the practice of law in Minnesota for failure to pay attorney registration fees. On October 5, 2007, the Director […]
STATE v. NEISEN, 415 N.W.2d 326 (Minn. 1987)
STATE of Minnesota, Respondent, v. John Norbert NEISEN, Petitioner, Appellant. No. CX-86-1749.Supreme Court of Minnesota. November 13, 1987. Appeal from the District Court, Sibley County, John M. Fitzgerald, J. Syllabus by the Court Minn.Stat. § 340A.503 (1986), making liquor sales to underage persons unlawful, retains the so-called “carding” defense whereby the defendant vendor may show […]
KLADEK, INC. v. AMERICAN BANK OF ST. PAUL, A09-948 (Minn.App. 3-16-2010)
Kladek, Inc., Appellant, v. American Bank of St. Paul, Respondent. No. A09-948.Minnesota Court of Appeals. Filed March 16, 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 […]
STATE v. EATON, 292 N.W.2d 260 (Minn. 1980)
STATE of Minnesota, Respondent, v. Alan N. EATON, Appellant. No. 48727.Supreme Court of Minnesota. April 11, 1980. Appeal from the District Court, Hennepin County, Stanley D. Kane, J. Page 261 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 262 Syllabus by the […]
CLEVEN v. WINDOWS, 611 N.W.2d 346 (Minn. 2000)
Charles Cleven, Respondent, vs. Marvin Windows, Relator, and Self-Insured, administered by CompCost, Inc., Insurer. No. C3-00-305.Supreme Court of Minnesota. Dated: June 13, 2000. James S. Pikala and Christine L. Tuft, for relator. Mark L. Rodgers, for respondent. Considered and decided by the court en banc. RUSSELL A. ANDERSON, Associate Justice. ORDER Based upon all the […]
SIRIUS AMERICA INS. CO. v. HAUER, A08-0511 (Minn.App. 1-13-2009)
Sirius America Insurance Company, as subrogee of Josephine Gagne, Appellant, v. Stephanie Hauer, Respondent. No. A08-0511.Minnesota Court of Appeals. Filed January 13, 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 […]
STATE v. ATKINSON, 774 N.W.2d 584 (Minn. 2009)
STATE of Minnesota, Respondent, v. Jarvis Jermaine ATKINSON, Appellant. No. A08-146.Supreme Court of Minnesota. November 5, 2009. Appeal from the District Court, Ramsey County, David C. Higgs, J. Page 585 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 586 [EDITORS’ NOTE: THIS […]
LARSEN v. STATE, A08-1333 (Minn. 8-11-2009)
Samuel John Larsen v. State. No. A08-1333.Supreme Court of Minnesota. Filed August 11, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
IN RE MOLLY, 712 N.W.2d 567 (Minn.App. 2006)
In the Matter of the Disposition of MOLLY, a German Shorthaired Pointer Owned by William Frederick Klumpp, Jr. No. A05-1130.Minnesota Court of Appeals. May 2, 2006. Appeal from the District Court, Ramsey County, John T. Finley, J. Page 568 Syllabus by the Court 1. A city lacks authority to bring an action to enforce a […]
IN MATTER OF WELFARE OF CHILD OF C.R.C., A07-0738 (Minn.App. 10-30-2007)
In the Matter of the Welfare of the Child of C.R.C., Parent. No. A07-0738.Minnesota Court of Appeals. Filed October 30, 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 […]
IN MATTER OF EGGERT, A09-502 (Minn. 11-17-2009)
In the Matter of the Civil Commitment of: William Joseph Eggert. No. A09-502.Supreme Court of Minnesota. Filed November 17, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
LUDOWESE v. REDMANN, 479 N.W.2d 59 (Minn.App. 1991)
Robert LUDOWESE, Appellant, v. Darrel REDMANN, et al., Farmers and Merchants Bank of Springfield, f/k/a The State Bank of Morgan; et al., John Burgstahler, Respondents. No. C0-91-1273.Minnesota Court of Appeals. December 17, 1991. Review Denied February 10, 1992. Appeal from the District Court, McLeod County, Thomas McCarthy, J. Syllabus by the Court 1. An immediately […]
BAL, INC. v. CITY OF ST. PAUL, 469 N.W.2d 341 (Minn.App. 1991)
BAL, INC., d/b/a The Wabasha Bar, 427 South Wabasha Street, Relator, v. CITY OF ST. PAUL, a Minnesota Corporation, and the City Council, consisting of individual City Council Members, Tom Dimond, Roger Goswitz, Robert Long, Paula Maccabee, Janice Rettman, Dave Thune and William Wilson, Respondents. No. C7-90-2460.Minnesota Court of Appeals. April 30, 1991. Syllabus by […]
STATE v. FARMER, C6-97-1159 (Minn.App. 3-17-1998)
State of Minnesota, Respondent, v. Ricky Joseph Farmer, Appellant. No. C6-97-1159.Minnesota Court of Appeals. Filed March 17, 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 […]
ONVOY v. ALLETE, 736 N.W.2d 611 (Minn. 2007)
ONVOY, INC., Respondent, v. ALLETE, INC., f/k/a Minnesota Power, Inc., d/b/a Minnesota Power Light Company, et al., Appellants. No. A05-1497.Supreme Court of Minnesota. August 2, 2007. Appeal from the District Court, St. Louis County, Gerald E. Maher, J. Page 612 SYLLABUS When a case involves both claims at law and claims for equitable relief, any […]
KRUGER v. PAWLENTY, A04-1041 (Minn. 5-3-2005)
Clark A. Kruger, et al. v. Tim Pawlenty, individually, and in his official capacity, et al. No. A04-1041.Supreme Court of Minnesota. May 3, 2005. Order on petition for further review Denied.
ROCKFORD TOWNSHIP v. CITY OF ROCKFORD, 608 N.W.2d 903 (Minn.App. 2000)
Rockford Township, Appellant, v. City of Rockford, Respondent, Minnesota Diversified Products, Inc., Intervenor, Respondent. No. C0-99-1775.Minnesota Court of Appeals. Filed April 11, 2000. Page 904 Wright County District Court, File No. C6991911. SYLLABUS The appeal provisions of Minn. Stat. § 414.07 (1998) apply to annexations by ordinance under Minn. Stat. § 414.033, subd. 2 (1998). […]
STATE v. OLSON, 634 N.W.2d 224 (Minn.App. 2001)
State of Minnesota, Respondent, vs. Michael Jon Olson, Appellant. No. C0-01-191Minnesota Court of Appeals. Filed October 2, 2001. Appeal from the District Court, St. Louis County, James B. Florey, J., File No. K700100433. Page 225 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]
WOHLERS v. HENNEPIN HOME HEALTH CARE, INC., C2-00-22 (Minn.App. 9-12-2000)
Carol Wohlers, Relator, vs. Hennepin Home Health Care, Inc., Respondent, Commissioner of Economic Security, Respondent. No. C2-00-22.Minnesota Court of Appeals. Filed September 12, 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. […]
CARGILL GRAIN CO. v. CLEVELAND-CLIFFS STEAMSHIP CO., 182 Minn. 516 (1931)
235 N.W. 268 CARGILL GRAIN COMPANY v. CLEVELAND-CLIFFS STEAMSHIP COMPANY.[1] No. 28,060.Supreme Court of Minnesota. February 20, 1931. [1] Reported in 235 N.W. 268. Defendant bailee negligent in stowing and ventilating cargo of corn. 1. The evidence is sufficient to sustain a verdict that the bailee’s negligence in the ventilation and stowage of the cargo […]
IN RE ESTATE OF BIRCH, 193 Minn. 599 (1935)
259 N.W. 556 IN RE ESTATE OF MARY RAND BIRCH. RUFUS R. RAND, JR. v. STATE.[1] No. 30,141.Supreme Court of Minnesota. March 8, 1935. [1] Reported in 259 N.W. 556. Taxation — inheritance tax — liability of property of nonresident. The state by its attorney general appealed from an order of the district court for […]
SANCHEZ v. STATE, A09-2195 (Minn. 9-29-2010)
Jorge Alberto Sanchez, a/k/a Jorge Alberto Sanchez-Reyes v. State. No. A09-2195.Supreme Court of Minnesota. Filed September 29, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted/Stayed. Page 1
MOHRENWEISER v. BLOMER, 573 N.W.2d 704 (Minn.App. 1998)
Gary MOHRENWEISER Greg Mohrenweiser, d/b/a G G Partnership, Respondents, v. Mavis BLOMER, Respondent, Paul Blomer, Respondent, Gordon F. Stalker, et al., defendants and cross-claim plaintiffs, Appellants. No. CX-97-1231.Minnesota Court of Appeals. January 6, 1998. Review Denied February 19, 1998. Appeal from the District Court, Mille Lacs County, Steven P. Ruble, J. Syllabus by the Court […]
FELDMANN v. BAILEY, A03-651 (Minn.App. 4-13-2004)
Gerald Feldmann, et al., Respondents, v. Gary Bailey, et al., Appellants, Tony Beckel, et al., Defendants. No. A03-651.Minnesota Court of Appeals. Filed April 13, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, […]
POOL v. MAVCO, INC., C1-98-1080 (Minn.App. 1-12-1999)
TERRY R. POOL, ET AL., Appellants, v. MAVCO, INC., Defendant, RON STOTKO, Respondent. No. C1-98-1080.Minnesota Court of Appeals. Filed January 12, 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). […]
SOUSSI v. BLUE WHITE SERVICE CORP., 498 N.W.2d 316 (Minn.App. 1993)
Mohamed A. SOUSSI, Relator, v. BLUE WHITE SERVICE CORP., Commissioner of Jobs and Training, Respondents. No. C1-92-2331.Minnesota Court of Appeals. April 6, 1993 Syllabus by the Court An employee’s willful disregard of a resolution passed by the company’s board of directors constitutes misconduct justifying the denial of unemployment compensation, regardless of whether the employee’s actions […]
SJOBERG v. CITY OF MINNEAPOLIS, 197 Minn. 406 (1936)
267 N.W. 374 JOSEPH A. SJOBERG v. CITY OF MINNEAPOLIS.[1] No. 30,970.Supreme Court of Minnesota. May 22, 1936. [1] Reported in 267 N.W. 374. Municipal corporation — officer — policeman — suspension — compensation. The evidence sustains the findings and conclusions of the trial court. No reversible error is shown, and the judgment appealed from […]
IN RE DISCIPLINE OF HARTKE, 529 N.W.2d 678 (Minn. 1995)
In re the Application for the DISCIPLINE OF Jerrold M. HARTKE, an Attorney at Law of the State of Minnesota. No. C5-86-1996.Supreme Court of Minnesota. April 14, 1995. Rehearing Denied May 12, 1995. Page 679 Marcia A. Johnson, Director, Lawyers Professional Responsibility Bd., Patrick R. Burns, Sr. Asst. Director, St. Paul, for appellant. Jerrold M. […]
JOHNSON v. METROPOLITAN MEDICAL CENTER, 395 N.W.2d 380 (Minn.App. 1986)
Heidi JOHNSON, Relator, v. METROPOLITAN MEDICAL CENTER, Department of Jobs and Training, Respondents. No. C5-86-1173.Minnesota Court of Appeals. November 4, 1986. Appeal from the Representative of Commissioner of Department of Jobs and Training. Syllabus by the Court Relator’s appeal to the Commissioner’s representative, filed after the statutory appeal period had expired, was untimely. Page 381 […]
BLOM v. MADSEN’S ENTERPRISES, INC., 298 Minn. 573 (1974)
215 N.W.2d 791 EVELYN BLOM v. MADSEN’S ENTERPRISES, INC. No. 44264.Supreme Court of Minnesota. March 8, 1974. Unemployment compensation — unemployment benefits — misconduct justifying forfeiture. Certiorari upon the relation of Evelyn Blom to review a decision of the commissioner of manpower services partially disqualifying her for unemployment benefits after she was discharged by Madsen’s […]
MATTER OF THE WELFARE OF A.V., 593 N.W.2d 720 (Minn.App. 1999)
In the Matter of the Welfare of: A.V., A.V., A.V., and A.V., Children Nos. CX-98-2129, C7-98-2167.Minnesota Court of Appeals. Filed June 8, 1999. SYLLABUS A duly proven chronic parenting disability that makes further reuniting efforts futile and unreasonable may constitute palpable unfitness as a statutory ground for termination of parental rights. Appeal from the Blue […]
STATE v. BURR, A07-2041 (Minn.App. 1-27-2009)
State of Minnesota, Respondent, v. James A. Burr, Appellant. No. A07-2041.Minnesota Court of Appeals. Filed January 27, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]
ANDERSON v. CITY OF HOPKINS, 400 N.W.2d 350 (Minn.App. 1987)
Bernard ANDERSON, et al., Respondents, v. The CITY OF HOPKINS, et al., Appellants. No. C2-86-899.Minnesota Court of Appeals. February 10, 1987. Appeal from the District Court, Hennepin County, Lindsay G. Arthur, J. Page 351 Syllabus by the Court Trial court erred failing to analyze qualified immunity defense under objective standard as established in Harlow v. […]
IN RE PANEL FILE 98-26, 597 N.W.2d 563 (Minn. 1999)
In re Charges of Unprofessional Conduct Contained in Panel File 98-26. No. C7-98-2122, C4-98-2062.Supreme Court of Minnesota. Filed: July 15, 1999. Page 564 Syllabus Race-based misconduct by attorneys is an inherently serious matter. Therefore, it is arbitrary, capricious and unreasonable for a panel of the Lawyers Professional Responsibility Board to conclude that an attorney’s race-based […]
MATTER OF WELFARE OF R.M., 436 N.W.2d 807 (Minn.App. 1989)
In the Matter of the WELFARE OF R.M. and C.M., Children. No. C2-89-108.Minnesota Court of Appeals. March 7, 1989. Review Denied April 24, 1989. Appeal from the District Court, Scott County, John M. Fitzgerald, J. Syllabus by the Court Appeal from the juvenile court order is untimely where appellant failed to file and serve the […]
WILCOX v. STATE, C5-96-2213 (Minn.App. 6-3-1997)
Barry J. Wilcox, petitioner, Appellant, v. State of Minnesota, Respondent. No. C5-96-2213.Minnesota Court of Appeals. Filed June 3, 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 […]
KIEF v. CHIPPEWA COUNTY STATE BANK, 163 Minn. 278 (1925)
203 N.W. 784 ALPHONSO E. KIEF v. CHIPPEWA COUNTY STATE BANK AND ANOTHER.[1] No. 24,842.Supreme Court of Minnesota. May 15, 1925. [1] Reported in 203 N.W. 784. Discretion of court to make restraining order pendente lite. Whether a restraining order pendente lite shall be made rests in the discretion of the trial court and in […]
DISCIPLINARY ACTION AGAINST ERICKSON, 475 N.W.2d 484 (Minn. 1991)
In re the Petition for DISCIPLINARY ACTION AGAINST Bruce E. ERICKSON, an Attorney at Law of the State of Minnesota. No. C6-89-1911.Supreme Court of Minnesota. September 26, 1991. ORDER On November 6, 1989, this court publicly reprimanded the respondent, Bruce E. Erickson, and placed him on probation for a period of 2 years. One of […]
IN RE AMERICAN FINNISH WORKERS SOCIETY, 246 Minn. 563 (1956)
76 N.W.2d 708 IN RE APPLICATION OF AMERICAN FINNISH WORKERS SOCIETY FOR DISSOLUTION. AMERICAN FINNISH WORKERS SOCIETY AND ANOTHER. VICTOR TIKKANEN AND OTHERS, INTERVENORS. STATE OF MINNESOTA, INTERVENOR.[1] No. 36,796.Supreme Court of Minnesota. March 16, 1956. [1] Reported in 76 N.W.2d 708. Appeal and error — time for appeal — final order in special proceedings. […]
STATE v. ROTHER, A04-2279 (Minn.App. 10-4-2005)
State of Minnesota, Respondent, v. Robert John Rother, Appellant. No. A04-2279.Minnesota Court of Appeals. Filed October 4, 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 […]
METCALFE v. FIRST NATIONAL BANK, 187 Minn. 485 (1932)
246 N.W. 28 ANNA C. METCALFE v. FIRST NATIONAL BANK OF MINNEAPOLIS AND ANOTHER.[1] No. 29,174.Supreme Court of Minnesota. December 16, 1932. [1] Reported in 246 N.W. 28. Workmen’s compensation act — finding as to duration of period of disability. Employe sustained an accidental injury which arose out of and in the course of her […]
THOM v. NORTHERN PACIFIC RY. CO., 190 Minn. 622 (1934)
252 N.W. 660 ARTHUR E. THOM v. NORTHERN PACIFIC RAILWAY COMPANY.[1] No. 29,719.Supreme Court of Minnesota. February 2, 1934. [1] Reported in 252 N.W. 660. Appeal and error — review — judgment after denial of judgment notwithstanding. Judgment — notwithstanding verdict. 1. Where the only motion made by defendant was for judgment notwithstanding the verdict, […]
INDEPENDENT SCHOOL DIST. 709 v. HANSEN, 412 N.W.2d 320 (Minn.App. 1987)
INDEPENDENT SCHOOL DISTRICT NO. 709, Duluth, Minnesota, Relator, v. Peter C. HANSEN, Commissioner of Jobs and Training, Respondents. No. C2-87-668.Minnesota Court of Appeals. September 15, 1987. Page 321 Syllabus by the Court 1. Under the particular facts of this case, respondent’s falsification of his job application did not constitute misconduct for unemployment compensation purposes. 2. […]
STATE v. LIIMATAINEN, A07-0078 (Minn.App. 2-12-2008)
State of Minnesota, Respondent, v. Darren Ray Liimatainen, Appellant. No. A07-0078.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 […]
IN THE MATTER OF KIMMEL, 347 N.W.2d 52 (Minn. 1984)
In the Matter of the Application for the Discipline of Harold D. KIMMEL, Jr., an Attorney at Law of the State of Minnesota. No. C1-81-955.Supreme Court of Minnesota. April 18, 1984. Review Denied July 26, 1984. ORDER WHEREAS, by decision of this court filed July 23, 1982 In re Kimmel, 322 N.W.2d 224 (Minn. 1982), […]
ORDERS ON PETITIONS FOR FURTHER REVIEW (Minn. 4-28-2004)
ORDERS ON PETITIONS FOR FURTHER REVIEWSupreme Court of Minnesota. April 28, 2004 1. Cheryl Rowe v. Mohamed Munye A03-465 Granted 2. James A. Heine v. Valerie Simon A03-710 Granted 3. Joanne Fay v. St. Louis County Board of Commissioners A03-1443 Denied 4. State v. Umer Mohammed Masood A03-81 Denied 5. State v. Monty William Lyons […]
STATE v. WARD, 369 N.W.2d 293 (Minn. 1985)
STATE of Minnesota, Respondent, v. Herbert Stanley WARD, Appellant. No. C1-83-205.Supreme Court of Minnesota. June 14, 1985. Appeal from the District Court, Hennepin County, A. Paul Lommen, J. Syllabus by the Court Proof by clear and convincing evidence that a person is dangerous to the public because of his mental or physical deficiency, disorder or […]
ROEDER v. NORTH AMERICAN LIFE INS. CO., 259 Minn. 168 (1960)
106 N.W.2d 624 ELAINE J. ROEDER v. NORTH AMERICAN LIFE INSURANCE COMPANY OF CHICAGO. No. 38,004.Supreme Court of Minnesota. December 9, 1960. Appeal and error — review — view of evidence. 1. Where an appeal involves the sufficiency of the evidence to justify a verdict, the supreme court will take that view of the evidence […]
URBAN v. AMERICAN LEGION DEPT. OF MINNESOTA, 723 N.W.2d 1 (Minn. 2006)
Marcus Robert URBAN, et al., Appellants, v. The AMERICAN LEGION DEPARTMENT OF MINNESOTA, Respondent, The American Legion and its Subdivisions, Respondent. No. A04-1409.Supreme Court of Minnesota. October 19, 2006. Appeal from the District Court, Goodhue County, Thomas William Bibus, J. Page 2 SYLLABUS Vicarious liability under the Civil Damages Act for illegal alcohol distribution is […]
STATE v. ANDERSON, 247 Minn. 469 (1956)
78 N.W.2d 320 STATE v. JAMES R. ANDERSON. No. 36,731.Supreme Court of Minnesota. June 15, 1956. Negligence — negligence of auto driver — criminal liability. 1. Where evidence is such that jury might find that defendant while intoxicated drove automobile involved in fatal accident, negligence of decedent passenger in permitting defendant to drive while he […]