Dale W. DECKER, Relator, v. CITY PAGES, INC., Commissioner of Economic Security, Respondents. No. CX-95-1127.Minnesota Court of Appeals. December 12, 1995. Page 545 Syllabus by the Court 1. The deparment representative’s initial approval of a claimant’s registration for reemployment insurance benefits, the acceptance of the claimant’s periodic reports, and the payment of benefits are evidence […]
Category: Minnesota Court Opinions
GAUSTAD v. INNOVA INDUSTRIES, A09-2318 (Minn.App. 9-14-2010)
Jon Gaustad, Respondent, v. Innova Industries Inc., Relator, Department of Employment and Economic Development, Respondent. No. A09-2318.Minnesota Court of Appeals. Filed September 14, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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. […]
MPLS. AUTO AUCTION v. SPICER AUTO SALES, 439 N.W.2d 23 (Minn. 1989)
MINNEAPOLIS AUTO AUCTION, LTD., et al., Respondents, v. SPICER AUTO SALES, INC., et al., Respondents, Tri-State Insurance Company, Defendant. TRI-STATE INSURANCE COMPANY OF MINNESOTA, Interpleading Cross-Claimant, Petitioner, Appellant, v. The STATE of Minnesota, Interpleading Defendant, Green Lake State Bank, Mid-State Auto Auction, Robert D. Walker, Thomas Goris, Don Burris, Interpleading Defendants, Respondents, John Doe, Interpleading […]
STATE v. WOLFE, 365 N.W.2d 345 (Minn.App. 1985)
STATE of Minnesota, Respondent, v. David R. WOLFE, Appellant. No. C3-84-1524.Minnesota Court of Appeals. April 9, 1985. Appeal from the District Court, Hennepin County, Robert H. Schumacher, J. Syllabus by the Court Appellant’s conviction for knowingly making a false tax statement in violation of Minn.Stat. § 609.41 (1982) was supported by the evidence. Daniel P. […]
STATE v. CHWIALKOWSKI, CX-95-1483 (Minn.App. 5-7-1996)
STATE OF MINNESOTA, Respondent, v. DAVID DANIEL CHWIALKOWSKI, Appellant. No. CX-95-1483.Minnesota Court of Appeals. Filed May 7, 1996. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1994). Appeal from the District […]
STATE v. LEDOUX, 770 N.W.2d 504 (Minn. 2009)
STATE of Minnesota, Respondent, v. Jeremy Mark LeDOUX, Appellant. No. A08-0260.Supreme Court of Minnesota. August 13, 2009. Appeal from the District Court, Becker County. Page 505 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 506 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
IN MATTER OF THE CIVIL COMMITMENT OF SHARP, A09-369 (Minn. 9-29-2009)
In the Matter of the Civil Commitment of Renee P. Sharp. No. A09-369.Supreme Court of Minnesota. Filed September 29, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
HASTINGS v. F. W. WOOLWORTH CO. INC., 189 Minn. 523 (1933)
250 N.W. 362 THEODOSIA HASTINGS v. F. W. WOOLWORTH COMPANY, INC.[1] No. 29,382.Supreme Court of Minnesota. October 6, 1933. [1] Reported in 250 N.W. 362. Negligence — care required of shopkeeper as to customers. 1. A shopkeeper or merchant owes to customers upon his premises the duty of ordinary care in respect of the safe […]
PAINE v. WATER WORKS SUPPLY CO., 309 Minn. 549 (1976)
243 N.W.2d 156 PATRICIA J. PAINE v. WATER WORKS SUPPLY COMPANY AND ANOTHER. No. 46106.Supreme Court of Minnesota. June 11, 1976. Workmen’s compensation — injury arising out of employment — accident occurring during off-the-premises travel. Certiorari upon the relation of Water Works Supply Company, employer, and Transportation Insurance Company, its insurer, to review a decision […]
STATE v. WILLIAMS, A03-14 (Minn.App. 11-25-2003)
State of Minnesota, Respondent, v. Terry Lee Williams, Appellant. No. A03-14.Minnesota Court of Appeals. Filed November 25, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the Mower […]
SHERIDAN v. ROBY’S BAR LOUNGE, C3-96-234 (Minn.App. 7-16-1996)
MICHAEL V. SHERIDAN, Appellant, v. ROBY’S BAR LOUNGE, INC., Respondent, TIMOTHY ERICKSEN, individually, Defendant. No. C3-96-234.Minnesota Court of Appeals. Filed July 16, 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 […]
IN MATTER OF THE WELFARE OF J.A.A., C5-00-77 (Minn.App. 9-5-2000)
In the Matter of the Welfare of: J.A.A. No. C5-00-77.Minnesota Court of Appeals. Filed September 5, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District Court, […]
LELAND v. ST. OLAF LUTHERAN CHURCH, 217 Minn. 355 (1944)
14 N.W.2d 340 ARTHUR LELAND v. ST. OLAF LUTHERAN CHURCH AND ANOTHER.[1] No. 83,749.Supreme Court of Minnesota. May 5, 1944. [1] Reported in 14 N.W.2d 340. Workmen’s compensation — disability not compensable. Finding of industrial commission that relator’s disability did not result from an accident is sustained by the evidence. Certiorari upon the relation of […]
STATE v. ELLIS, 271 Minn. 345 (1965)
136 N.W.2d 384 STATE v. RUDOLPH KENNETH ELLIS. No. 39,136.Supreme Court of Minnesota. June 18, 1965. Criminal law — assault — sufficiency of evidence. 1. Evidence held adequate to support jury’s verdict that defendant was guilty of assault in the first degree. Same — trial — conduct of sheriff as basis for mistrial. 2. Court […]
HUNT v. ROLLOFF, 224 Minn. 323 (1947)
28 N.W.2d 771 DOUGLAS P. HUNT v. CLARENCE A. ROLLOFF.[1] No. 84,454.Supreme Court of Minnesota. July 11, 1947. [1] Reported in 28 N.W.2d 771. Election — contest — right of appeal. 1. The right to appeal from a determination made by the state canvassing board of the result of an election is purely statutory, a […]
SOMMERS v. THOMAS, 251 Minn. 461 (1958)
88 N.W.2d 191 CHESTER SOMMERS v. EZELL THOMAS. No. 37,303.Supreme Court of Minnesota. February 21, 1958. Judgments — by default — municipal court — when clerk may enter. 1. Rule 55.01 of the Municipal Court Rules of Civil Procedure provides that the clerk of municipal court is restricted to entering judgments by default to cases […]
IN RE ESTATE OF ROWE, 262 Minn. 13 (1962)
113 N.W.2d 352 IN RE ESTATE OF JOHN Z. ROWE. ERMA E. KICKER v. ROGER ROWE AND ANOTHER. No. 38,316.Supreme Court of Minnesota. February 2, 1962. Courts — district court — appeal from probate decree overruling written objections of claimed pretermitted child — jurisdiction of district court. Upon appeal from a probate court’s decree of […]
YANG v. DEPT. OF EMPLOYMENT ECON. DEV., A05-2115 (Minn.App. 9-5-2006)
Sia Yang, Relator, v. Department of Employment and Economic Development, Respondent. No. A05-2115.Minnesota Court of Appeals. Filed September 5, 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 […]
STATE v. ROCHEFORT, A05-2110 (Minn. 1-29-2008)
State v. Rick Allen Rochefort. No. A05-2110.Supreme Court of Minnesota. Filed: January 29, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
FRANK’S NURSERY SALES v. CITY OF ROSEVILLE, 295 N.W.2d 604 (Minn. 1980)
FRANK’S NURSERY SALES, INC., Respondent, v. CITY OF ROSEVILLE, et al., Appellants. No. 50167.Supreme Court of Minnesota. July 3, 1980. Appeal from the District Court, Ramsey County, William Murphy, J. Page 605 Syllabus by the Court 1-2. A city is not estopped from correctly enforcing a zoning ordinance notwithstanding a property owner’s reliance upon prior […]
BARTL v. CITY OF NEW ULM, 245 Minn. 148 (1955)
72 N.W.2d 303 VICTOR W. BARTL v. CITY OF NEW ULM.[1] No. 36,373.Supreme Court of Minnesota. June 24, 1955. [1] Reported in 72 N.W.2d 303. Damages — denial of new trial not an abuse of discretion. 1. Verdict in favor of plaintiff held not so disproportionate as to warrant our holding that the trial court […]
WELLS-DICKEY TRUST CO. v. LIEN, 164 Minn. 307 (1925)
204 N.W. 950 WELLS-DICKEY TRUST COMPANY v. LEWIS A. LIEN AND ANOTHER.[1] No. 24,724.Supreme Court of Minnesota. August 7, 1925. [1] Reported in 204 N.W. 950. Finding sustained that defendant did not stand in fiduciary relation to plaintiff. Action to rescind the purchase of a tract of real estate and recover the money paid therefor. […]
LOF v. BILLINGTON, 226 Minn. 238 (1948)
32 N.W.2d 311 EDWIN A. LOF AND ANOTHER, d. b. a. ROY LAKE TIMBER COMPANY, v. BILL M. BILLINGTON.[1] No. 34,633.Supreme Court of Minnesota. May 7, 1948. [1] Reported in 32 N.W.2d 311. Taxation — mortgage registration tax — contract to convey real estate and timber stumpage — effect of failure to pay tax. A […]
STATE v. EDROZO, 567 N.W.2d 59 (Minn.App. 1997)
STATE of Minnesota, Appellant, v. Aron Nahum EDROZO, Respondent No. C4-96-2591.Minnesota Court of Appeals. July 1, 1997. Review Granted August 26, 1997. Appeal from the District Court, Washington County, John Edward Cass, J. Syllabus by the Court 1. Conversations between defendants placed in a police car and surreptitiously taped are inadmissible at trial if n […]
RIME v. CRYSTEEL TRUCK EQUIPMENT INC., C5-02-326 (Minn.App. 10-8-2002)
Kim A. Rime, Relator, vs. Crysteel Truck Equipment Inc., Respondent, Commissioner of Economic Security, Respondent. No. C5-02-326.Minnesota Court of Appeals. Filed October 8, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
SATANTA STATE BANK v. O. B. McCLINTOCK CO., 196 Minn. 430 (1936)
265 N.W. 303 SATANTA STATE BANK v. O. B. McCLINTOCK COMPANY.[1] No. 30,691.Supreme Court of Minnesota. February 14, 1936. [1] Reported in 265 N.W. 303. Sale — burglar alarm system — recovery by buyer of purchase price. 1. A contract for the sale of a burglar alarm system contained a provision guaranteeing efficient operation of […]
THE DAYTON CO. v. CARPET, LINOLEUM, ETC., UNION, 229 Minn. 87 (1949)
39 N.W.2d 183 THE DAYTON COMPANY v. CARPET, LINOLEUM AND RESILIENT FLOOR DECORATORS’ UNION, LOCAL NO. 596, AFL, AND OTHERS.[1] , [2] No. 34,893.Supreme Court of Minnesota. June 24, 1949. [1] Reported in 39 N.W.2d 183. [2] Appeal dismissed by U.S. Supreme Court March 13, 1950. Evidence — parol to vary terms of written agreement […]
IN RE MARRIAGE OF BARTHEL v. BARTHEL, C0-02-1254 (Minn.App. 3-18-2003)
In re the Marriage of: James Marvin Barthel, petitioner, Respondent, v. Jennifer Marie Barthel, Appellant. No. C0-02-1254Minnesota Court of Appeals. Filed: March 18, 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. […]
S. T. McKNIGHT CO. v. TOMKINSON, 209 Minn. 399 (1941)
296 N.W. 569 S. T. McKNIGHT COMPANY v. JOSEPH TOMKINSON. FIRST NATIONAL BANK TRUST COMPANY OF MINNEAPOLIS, GARNISHEE.[1] No. 32,667.Supreme Court of Minnesota. February 14, 1941. [1] Reported in 296 N.W. 569. Garnishment — “contingency” preventing garnishment — pledge of collateral by defendant to garnishee. When served with garnishment summons, funds belonging to defendant were […]
HEGDAHL v. CITY OF MINNEAPOLIS, 268 Minn. 412 (1964)
129 N.W.2d 798 HAROLD J. HEGDAHL v. CITY OF MINNEAPOLIS. STATE TREASURER, CUSTODIAN OF THE SPECIAL COMPENSATION FUND. No. 39,283.Supreme Court of Minnesota. June 26, 1964. Workmen’s compensation — payments for disability sustained because of preexisting physical impairment — recourse to special compensation fund. The employer of a fireman who sustained a coronary occlusion with […]
ONVOY, INC. v. ALLETE, INC., A05-1497 (Minn. 10-17-2006)
Onvoy, Inc. v. ALLETE, Inc., f/k/a Minnesota Power, Inc., d/b/a Minnesota Power Light Company, et al. No. A05-1497.Supreme Court of Minnesota. October 17, 2006. Granted.
IN RE FARMAN, A03-1788 (Minn.App. 9-28-2004)
In re: Anastasia M. Farman, petitioner, Appellant, v. David C. Farman, Respondent. Nos. A03-1788, A03-1813.Minnesota Court of Appeals. Filed September 28, 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). […]
JUHL v. ROSE, 366 N.W.2d 706 (Minn.App. 1985)
Larry and Paula JUHL, Respondents, v. Peggy ROSE, Appellant. No. C3-84-2141.Minnesota Court of Appeals. April 30, 1985. Appeal from the County Court, Kandiyohi County, Jame E. Zeug, J. Syllabus by the Court 1. Service of process, not the proof thereof, confers jurisdiction upon a court. 2. The trial court did not err when it conditioned […]
DOROSH v. FRIENDLY CHEVROLET, INC., CX-01-375 (Minn.App. 8-7-2001)
Deanna Dorosh, Appellant, vs. Friendly Chevrolet, Inc., Respondent. No. CX-01-375.Minnesota Court of Appeals. Filed August 7, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District Court, […]
LESKINEN v. PUCELJ, 262 Minn. 461 (1962)
115 N.W.2d 346 ANDREW T. LESKINEN v. JOHN PUCELJ AND OTHERS. EDWIN KROGERUS AND OTHERS, APPELLANTS. No. 38,099.Supreme Court of Minnesota. May 11, 1962. Towns — payment of improperly itemized claims — treasurers’ liability — amendment of claims during suit. 1. Town treasurers have no authority to pay claims on order of town officials under […]
R L LUMBER CO. v. SUMMIT FIDELITY SURETY CO., 284 Minn. 489 (1969)
170 N.W.2d 594 R L LUMBER CO., d.b.a. JOHNSON CASHWAY LUMBER CO. v. SUMMIT FIDELITY SURETY COMPANY. No. 41407.Supreme Court of Minnesota. September 12, 1969. Principal and surety — agreement by surety to pay any judgment rendered against principal — effect of summary default judgment against principal. 1. Where a surety has expressly agreed by […]
O.M. LOYD v. NORTHWESTERN DRAINAGE CO., 132 Minn. 478 (1916)
O.M. LOYD v. NORTHWESTERN DRAINAGE CO.[2] Nos. 19,814-(187).Supreme Court of Minnesota. April 28, 1916. [2] Reported in 157 N.W. 592. Action in the district court for Marshall county. Plaintiff dismissed the action without prejudice. From the taxation of costs by the clerk, plaintiff appealed to the court. The taxation was affirmed except in respect to […]
COLE v. PAULSON, 380 N.W.2d 215 (Minn.App. 1986)
Raymond L. COLE, et al., Appellants, v. Elmer C. PAULSON, et al., Respondents. No. C9-85-1179.Minnesota Court of Appeals. January 21, 1986. Appeal from the District Court, Dodge County, Lawrence E. Agerter, J. Page 216 Syllabus by the Court 1. The parties’ agreement was a lease with an option to purchase and not a contract for […]
STATE v. CARRIGAN, C8-98-1559 (Minn.App. 1-26-1999)
STATE OF MINNESOTA, Respondent, v. SARA LYNN CARRIGAN, Appellant. No. C8-98-1559.Minnesota Court of Appeals. Filed January 26, 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 (1996). Appeal from the District […]
STATE v. A.S.J., A09-1511 (Minn.App. 3-9-2010)
State of Minnesota, Respondent, v. A.S.J., Appellant. No. A09-1511.Minnesota Court of Appeals. Filed March 9, 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 Court, Washington […]
MANDERFELD v. NELSON, A06-877 (Minn.App. 1-23-2007)
Angela M. Manderfeld, Relator, v. Amy Nelson, Respondent, Department of Employment and Economic Development, Respondent. No. A06-877.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. […]
MATTER OF KERN GRAIN CO., 369 N.W.2d 565 (Minn.App. 1985)
In the Matter of Claims Against the KERN GRAIN COMPANY. No. C2-84-2146.Minnesota Court of Appeals. June 18, 1985. Review Denied August 29, 1985. Page 566 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 567 Syllabus by the Court 1. Commissioner of Agriculture […]
BOUBELIK v. LIBERTY STATE BANK, 553 N.W.2d 393 (Minn. 1996)
Henry F. BOUBELIK, et al., Respondents, v. LIBERTY STATE BANK, Petitioner, Appellant. No. C3-94-1136.Supreme Court of Minnesota. August 29, 1996. Rehearing Denied October 10, 1996. Appeal from the Court of Appeals. Page 394 Syllabus by the Court Plaintiffs failed to show that bank had actual knowledge that bank’s third-party customer was irretrievably insolvent; therefore, the […]
PUTZ v. PUTZ, 645 N.W.2d 343 (Minn. 2002)
In Re: Paul Daniel Putz, n/k/a Paul Ben-Yehuda, Respondent, vs. Jamile Therese Putz, Respondent Below, County of Benton, petitioner, Appellant. No. C7-01-527.Supreme Court of Minnesota. Filed: June 13, 2002. Appeal from the Minnesota Court of Appeals. Page 344 SYLLABUS Under Minn. Stat. § 518.551, subd. 5b(d) (2000), child support obligor who voluntarily terminates employment and […]
STATE v. MARSHALL, 358 N.W.2d 65 (Minn. 1984)
STATE of Minnesota, Respondent, v. Gary Leon MARSHALL, Appellant. No. C3-83-704.Supreme Court of Minnesota. November 21, 1984. Appeal from the District Court, Hennepin County, Doris O. Huspeni, J. Page 66 Syllabus by the Court Defendant was properly charged by indictment with two counts of murder in the second degree — one alleging intentional murder, the […]
LINDBERG v. FASCHING, 667 N.W.2d 481 (Minn.App. 2003)
David Lindberg, Respondent, vs. Michael C. Fasching, M.D., Appellant. No. C7-03-242.Minnesota Court of Appeals. Filed: August 19, 2003. Appeal from the Hennepin County District Court, File No. CT024380, J901554521, J601551950. Page 482 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 483 SYLLABUS […]
WILLIS v. COUNTY OF SHERBURNE, 555 N.W.2d 277 (Minn. 1996)
Galen WILLIS, Petitioner, Appellant (C6-95-363), Respondent (C5-95-371), v. The COUNTY OF SHERBURNE, Petitioner, Respondent (C6-95-363) Appellant (C5-95-371), Dan Nickols, Respondent. Nos. C6-95-363, C5-95-371.Supreme Court of Minnesota. October 31, 1996. Appeal from the District Court, Sharon L. Hall, J. Syllabus by the Court When an alleged breach of the employment contract of a governmental employee results […]
CARLSON v. COM’R OF PUBLIC SAFETY, 374 N.W.2d 791 (Minn.App. 1985)
Richard Allen CARLSON, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C4-85-876.Minnesota Court of Appeals. October 8, 1985. Appeal from the Municipal Court, Dakota County, Robert J. Breunig, J. Page 792 Syllabus by the Court Trial court’s rescission of a revocation of respondent’s driving privileges was not clearly erroneous. We can reasonably infer from […]
STATE v. PROFIT, 323 N.W.2d 34 (Minn. 1982)
STATE of Minnesota, Respondent, v. Mark A. PROFIT, Appellant. No. 82-605.Supreme Court of Minnesota. August 17, 1982. Appeal from the District Court, Hennepin County, Jonathan Lebedoff, J. Page 35 Syllabus by the Court District court was justified in department durationally from presumptive sentences for sex offense committed with particular cruelty and for particularly serious robbery […]
MJOLSNESS v. RILEY, 524 N.W.2d 528 (Minn.App. 1994)
B.A. MJOLSNESS, Appellant, v. Lance William RILEY, Respondent, Susan Marcotte, a/k/a Susan Rogers Marcotte, et al., Defendants. No. C1-94-356.Minnesota Court of Appeals. December 6, 1994. Appeal from the District Court, Hennepin County, Harvey C. Ginsberg, J. Page 529 Syllabus by the Court Persons who assist in a proceeding to commit an individual under the Civil […]
STRAND v. TRAVELERS INS. CO., 300 Minn. 311 (1974)
219 N.W.2d 622 THOMAS STRAND v. TRAVELERS INSURANCE COMPANY. No. 43993.Supreme Court of Minnesota. June 28, 1974. Insurance — action against insurer who refused to settle claim — finding of bad faith — sufficiency of evidence. Action in the Washington County District Court wherein plaintiff as assignee of defendant’s insured sought to recover damages allegedly […]
STATE v. MARTINEZ, A09-14 (Minn.App. 11-10-2009)
State of Minnesota, Respondent, v. Steven Francis Martinez, Appellant. No. A09-14.Minnesota Court of Appeals. Filed November 10, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]
ANDERSON v. H-WINDOW CO., C9-98-1103 (Minn.App. 2-23-1999)
Richard Dean Anderson, Appellant, v. H-Window Company, et al., Respondents, Craig Fast, Respondent. No. C9-98-1103.Minnesota Court of Appeals. Filed February 23, 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). […]
OWENS v. CARTER, A06-1822 (Minn.App. 9-4-2007)
Mary Owens, Appellant, v. Lisa Carter, Respondent. No. A06-1822.Minnesota Court of Appeals. Filed September 4, 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 Court, Hennepin […]
STATE v. ARMSTRONG, 257 Minn. 295 (1960)
101 N.W.2d 398 STATE v. ERNEST L. ARMSTRONG. No. 37,474.Supreme Court of Minnesota. February 11, 1960. Criminal law — appeal — view of evidence. 1. The appellate court upon review of the evidence on a claim that the evidence was insufficient to support the verdict must take the most favorable view of the state’s testimony […]
SEVERSON v. COMM. OF PUBLIC S., C3-00-1390 (Minn.App. 2-20-2001)
Brooke S. Severson, Appellant, vs. Commissioner of Public Safety, Respondent. No. C3-00-1390.Minnesota Court of Appeals. Filed February 20, 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 […]
IN RE GUARDIANSHIP CONSER. OF BROOKS, A06-2468 (Minn.App. 2-19-2008)
In re Guardianship and Conservatorship of Gladys Brooks. No. A06-2468.Minnesota Court of Appeals. Filed February 19, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District Court, […]
STATE v. HOWE, A05-1066 (Minn. 5-24-2006)
State v. John Lee Howe. No. A05-1066.Supreme Court of Minnesota. Filed May 24, 2006. Order on petition for further review Denied.
STATE v. ASKLAND, A08-1630 (Minn.App. 8-4-2009)
State of Minnesota, Respondent, v. Timothy Clyde Askland, Defendant, Howe Bonding, Appellant. No. A08-1630.Minnesota Court of Appeals. Filed August 4, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal […]
WOODROW v. CHICAGO, M. ST. P. P. R. CO., 239 Minn. 530 (1953)
60 N.W.2d 49 WILLIAM J. WOODROW v. CHICAGO, MILWAUKEE, ST. PAUL PACIFIC RAILROAD COMPANY.[1] No. 35,984.Supreme Court of Minnesota. July 3, 1953. [1] Reported in 60 N.W.2d 49. Trial — motion for directed verdict — view of evidence — sufficiency of evidence. 1. On a motion for a directed verdict the evidence must be viewed […]
STATE v. SCHEIDEL, C1-01-1768 (Minn.App. 8-20-2002)
State of Minnesota, Respondent, v. Andrew Scheidel, Appellant. No. C1-01-1768Minnesota 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. 3 (2000). Appeal from the District Court, […]
KLECKER v. KLECKER, 454 N.W.2d 264 (Minn.App. 1990)
Angela K. KLECKER, a/k/a Angela K. Krenke and Angela K. Judson, Petitioner, Appellant, v. George KLECKER, Respondent. No. C9-89-1773.Minnesota Court of Appeals. April 10, 1990. Appeal from the District Court, Steele County, Charles E. Cashman J. Syllabus by the Court 1. Because Minn.Stat. § 518.18(d) presumes the existence of other than an actual joint physical […]
STATE v. KOLB, CX-96-862 (Minn.App. 8-20-1996)
State of Minnesota, Appellant, v. Gayle Gladys Kolb, Respondent. No. CX-96-862.Minnesota Court of Appeals. Filed August 20, 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 […]
IN RE BERGSTROM, 647 N.W.2d 532 (Minn. 2002)
In Re Petition for Disciplinary Action against Peter D. Bergstrom, an Attorney at Law of the State of Minnesota. No. C2-96-886.Supreme Court of Minnesota. Filed: July 12, 2002 ORDER PAUL H. ANDERSON, Associate Justice. On May 8, 1997, the court publicly reprimanded respondent Peter D. Bergstrom and stayed indefinite suspension subject to certain conditions. In […]
CURTIS v. PHILIP MORRIS COMPANIES INC., A04-2503 (Minn. 4-19-2005)
Gregory Curtis, et al., individually and on behalf of others similarly situated v. Philip Morris Companies Inc., et al. No. A04-2503.Supreme Court of Minnesota. April 19, 2005. Order on petition for further review Denied.
ROSE v. STATE, C8-96-1802 (Minn.App. 4-1-1997)
William Thigpen Rose, petitioner, Appellant, v. State of Minnesota, Respondent. No. C8-96-1802.Minnesota Court of Appeals. Filed April 1, 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 […]
JOHNSON v. STATE, A06-1215 (Minn.App. 7-10-2007)
Anthony Daniel Johnson, petitioner, Appellant, v. State of Minnesota, Respondent. No. A06-1215.Minnesota Court of Appeals. Filed: July 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. § 480A.08, subd. 3 (2006). Hennepin County District […]
CARLSON v. ALLSTATE, 749 N.W.2d 41 (Minn. 2008)
Aaron R. CARLSON, et al., Appellants, v. ALLSTATE INSURANCE COMPANY, Respondent, Midwest Family Mutual Insurance Company, Respondent, and Allstate Insurance Company, defendant and third-party plaintiff, Respondent v. Michael J. Fay, et al., third-party defendants, Respondents. No. A06-1664.Supreme Court of Minnesota. May 22, 2008. Appeal from the District Court, St. Louis County, Gary J. Pagliaccetti, J. […]
CITY OF ST. PAUL v. HARDING, 356 N.W.2d 319 (Minn.App. 1984)
CITY OF ST. PAUL, Relator, v. Walter HARDING, Respondent, William Gregg, Commissioner of the Department of Veterans Affairs, Respondent. No. C8-84-918.Minnesota Court of Appeals. October 9, 1984. Page 320 Syllabus by the Court Respondent waived his right to an employment termination hearing required under Minn.Stat. § 197.46 (1978). Terry Sullivan, St. Paul, for relator. Pierre […]
SIGSWORTH v. WITC, A10-880 (Minn.App. 2-22-2011)
Cynthia Sigsworth, Relator, v. WITC, Respondent, Department of Employment and Economic Development, Respondent. No. A10-880.Minnesota Court of Appeals. Filed February 22, 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). […]
IN RE CIVIL COMMITMENT OF LONERGAN, 792 N.W.2d 473 (Minn.App. 2011)
In re the CIVIL COMMITMENT OF Peter Gerard LONERGAN. No. A10-1269.Minnesota Court of Appeals. January 4, 2011. Appeal from the District Court, Dakota County, Robert Carolan, J. Page 474 SYLLABUS The statutory framework governing indeterminate commitment of a person as a sexually dangerous person does not authorize a constitutional challenge to the commitment or a […]
LEGAL LEDGER, INC. v. HODGSON, 176 Minn. 635 (1928)
222 N.W. 646 LEGAL LEDGER, INC. v. FRANK HODGSON.[1] No. 27,193.Supreme Court of Minnesota. December 28, 1928. [1] Reported in 222 N.W. 646. Legal newspaper. The Legal Ledger complies with all the requirements of a legal newspaper specified in G. S. 1923, § 10935, and contains “general and local news, comment and miscellany;” Olsen case, […]
TERGEON v. JOHNSON, 168 Minn. 22 (1926)
209 N.W. 485 MARIE TERGEON v. ALFRED JOHNSON.[1] No. 25,409.Supreme Court of Minnesota. June 18, 1926. [1] Reported in 209 N.W. 485. Where plaintiff elected on which theory of complaint she would stand, dismissal on the merits was proper. Where plaintiff’s complaint for relief is so stated that, disregarding an allegation of tender, specific performance […]
DAHLIN v. KROENING, 796 N.W.2d 503 (Minn. 2011)
Linda Marie LaDonna DAHLIN, Respondent, v. Randall Earl Thomas KROENING, Appellant. No. A09-1800.Supreme Court of Minnesota. April 27, 2011. Appeal from the District Court, Ramsey County, Elena L. Ostby, J. Page 504 Syllabus by the Court Minnesota Statutes § 541.04 (2010) does not limit an action on a judgment to one renewal. C. Thomas Wilson, […]
TEXAS FOODS v. R.E. FRITZ, INC, C8-02-1602 (Minn.App. 4-1-2003)
Texas Foods, Inc., Plaintiff, Raymond L. Jedneak, Appellant, v. R.E. Fritz, Inc., et al., Respondents. No. C8-02-1602.Minnesota Court of Appeals. Filed April 1, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
STATE v. WARREN, 592 N.W.2d 440 (Minn. 1999)
State of Minnesota, Respondent, vs. Todd Michael Warren, Appellant. Nos. C0-95-889, C2-95-943, C1-98-463.Supreme Court of Minnesota. Filed: March 18, 1999. Court of Appeals, St. Louis County. Affirmed and remanded for resentencing. Page 441 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 442 […]
IN MATTER OF THE CHILD OF N.J., C7-01-1239 (Minn.App. 2-5-2002)
In the Matter of the Child of N.J. and W.E.W.: E.D.W. No. C7-01-1239.Minnesota Court of Appeals. Filed February 5, 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 […]
BILLY GRAHAM EVANGELISTIC v. CITY, MINN., 653 N.W.2d 638 (Minn.App. 2002)
Billy Graham Evangelistic Association, Relator, v. City of Minneapolis, Respondent. No. C1-01-2127.Minnesota Court of Appeals. Filed: October 8, 2002. Appeal from Minneapolis City Planning Commission. Page 639 SYLLABUS A designation of a historical district by a city is arbitrary and capricious when the designation is devoid of articulated reasons explaining why similarly situated property was […]
STATE v. FRANKLIN, 692 N.W.2d 82 (Minn.App. 2005)
STATE of Minnesota, Respondent, v. Barbara Ann FRANKLIN, Appellant. No. A04-411.Minnesota Court of Appeals. January 31, 2005. Appeal from the District Court, Ramsey County, David C. Higgs, J. Page 83 SYLLABUS A parent who has been appointed trustee of a trust established for the benefit of his or her child is not shielded from prosecution […]
BLOCK 25 COMMITTEE v. CITY OF WALKER, 690 N.W.2d 403 (Minn.App. 2005)
BLOCK 25 COMMITTEE, et al., Respondents, v. CITY OF WALKER, Appellant. No. A04-833.Minnesota Court of Appeals. January 4, 2005. Appeal from the District Court, Cass County, Jay D. Mondry, J. Page 404 SYLLABUS Minn. Stat. § 340A.702(6) (2002), which makes it a gross misdemeanor to sell intoxicating liquor within 1,000 feet of a state hospital, […]
SCHULTZ v. MAVERICK CONSTR. CO., C7-98-1827 (Minn.App. 4-27-1999)
Lynn Schultz, Respondent, v. Maverick Construction Co., et al., Appellants. No. C7-98-1827.Minnesota Court of Appeals. Filed April 27, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the […]
IN RE TRUST UNDER WILL OF HOLDEN, 207 Minn. 211 (1940)
291 N.W. 104 IN RE TRUST UNDER WILL OF ELORA H. HOLDEN. PAUL BRAUN HOLDEN v. FIRST NATIONAL BANK TRUST COMPANY OF MINNEAPOLIS AND OTHERS.[1] No. 32,132.Supreme Court of Minnesota. February 23, 1940. [1] Reported in 291 N.W. 104. Appeal and error — appealable order — proceedings for accounting of trustee — order determining distributees. […]
EGAN v. THORPE BROS., 195 Minn. 370 (1935)
263 N.W. 109 PATRICK J. EGAN v. THORPE BROS.[1] No. 30,535.Supreme Court of Minnesota. November 8, 1935. [1] Reported in 263 N.W. 109. Fraud — sale of mortgage — facts not disclosed by seller — shape of lot covered by mortgage. Where, in a suit to recover the purchase price of a mortgage on the […]
SPAFFORD v. HAHN, 274 Minn. 180 (1966)
142 N.W.2d 727 O. E. SPAFFORD, TRUSTEE FOR NEXT OF KIN OF PAUL VERGELDT AND JOHN PHILIP ANDERSON, v. JERRY HAHN. Nos. 40,010, 40,011.Supreme Court of Minnesota. May 20, 1966. Assumption of risk — accompanying driver across frozen lake. 1. Where decedents voluntarily accompanied defendant in driving his car over a frozen lake at night […]
IN RE WELFARE OF J.F.T., C4-02-1824 (Minn.App. 7-1-2003)
In the Matter of the Welfare of: J.F.T., Child. No. C4-02-1824.Minnesota Court of Appeals. Filed: July 1, 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 […]
STATE v. CAULFIELD, 722 N.W.2d 304 (Minn. 2006)
STATE of Minnesota, Respondent, v. Scott CAULFIELD, Appellant. No. A04-1484.Supreme Court of Minnesota. October 5, 2006. Appeal from the District Court, Olmsted County,. Jodi L. Williamson, J. Page 305 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 306 Syllabus by the Court […]
INQUIRY INTO CONDUCT OF BLAKELY, 772 N.W.2d 516 (Minn. 2009)
INQUIRY INTO the CONDUCT OF The Honorable Timothy BLAKELY. No. A08-1445.Supreme Court of Minnesota. September 17, 2009. Page 517 SYLLABUS Censure and suspension from judicial duties for 6 months without pay is warranted for a judge who violated Canons of Judicial Conduct by negotiating and obtaining a substantial legal fee reduction from his personal attorney […]
IN RE ESTATE OF ERIKSEN, 337 N.W.2d 671 (Minn. 1983)
In re ESTATE OF Jorgen M. ERIKSEN, Deceased. No. CX-82-1421.Supreme Court of Minnesota. August 19, 1983. Appeal from the District Court, Probate Court Division, Hennepin County, Melvin J. Peterson, J. Syllabus by the Court 1. Minn.Stat. §§ 513.075 and 513.076 (1982) do not apply where the claimant does not seek to assert any rights in […]
DUFFY v. AMERICAN STANDARD, INC., A05-2212 (Minn.App. 8-8-2006)
Clarence E. Duffy, et al., Respondents, v. American Standard, Inc., et al., Defendants. HiMEC, Inc., et al., Appellants. No. A05-2212.Minnesota Court of Appeals. Filed August 8, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. […]
IN RE MARRIAGE OF SCHULTZ v. SCHULTZ, A09-980 (Minn. 6-29-2010)
In re the Marriage of: Deborah Rosemary Schultz v. David Arnold Schultz. No. A09-980.Supreme Court of Minnesota. Filed June 29, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
RUGRODEN v. STATE, 284 Minn. 120 (1969)
170 N.W.2d 69 ROGER R. RUGRODEN AND OTHERS v. STATE OF MINNESOTA AND OTHERS. No. 41325.Supreme Court of Minnesota. July 11, 1969. Real property — right of access — action to require state to compensate for alleged denial — effect of prior condemnation proceeding. 1. The record in the action to require the state to […]
WIRTH v. M.A. MORTENSON/SHAL ASSOCIATES, 520 N.W.2d 173 (Minn.App. 1994)
Steven WIRTH, et al., Plaintiffs, v. M.A. MORTENSON/SHAL ASSOCIATES, a joint venture, Appellant, and The American Mutual Insurance Company (in liquidation), et al., Intervenors, Respondents. No. C6-94-496.Minnesota Court of Appeals. August 2, 1994. Review Denied September 28, 1994. Appeal from the District Court, Hennepin County, Harvey C. Ginsberg, J. Page 174 Syllabus by the Court […]
STATE v. HUGHES, A05-1124 (Minn.App. 4-11-2006)
State of Minnesota, Respondent, v. Michael Emmanuel Hughes, Appellant. No. A05-1124.Minnesota Court of Appeals. April 11, 2006. Olmsted County District Court, Hon. Debra A. Jacobson. RECENT ORDER OPINION Judge ROGER M. KLAPHAKE. Affirmed.
HOWARD v. WEBB, A06-1847 (Minn.App. 12-18-2007)
Frank Howard, et al., Respondents, v. John Webb, et al., Appellants, BDP Architects, et al., Defendants. No. A06-1847.Minnesota Court of Appeals. Filed December 18, 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, […]
NORTH STAR BK OF ROSEVILLE v. N STAR BK MN, 365 N.W.2d 788 (Minn.App. 1985)
NORTH STAR STATE BANK OF ROSEVILLE, Appellant, v. NORTH STAR BANK MINNESOTA, Respondent. No. C1-84-1991.Minnesota Court of Appeals. April 9, 1985. Page 789 Appeal from the District Court, Hennepin County, Lindsay G. Arthur, J. Syllabus by the Court Because North Star State Bank of Roseville prevailed i North Star State Bank of Roseville v. North […]
JONES v. CONTEMPORARY TRANSPORTATION, A06-762 (Minn.App. 2-27-2007)
Lisa Jones, Relator, v. Contemporary Transportation, Respondent, Department of Employment and Economic Development, Respondent. No. A06-762.Minnesota Court of Appeals. Filed February 27, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 […]
STATE v. POOLE, A03-822 (Minn.App. 6-29-2004)
State of Minnesota, Respondent, v. JC NMN Poole, Jr., Appellant. No. A03-822.Minnesota Court of Appeals. Filed June 29, 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 […]
COUNTRY JOE, INC. v. CITY OF EAGAN, 560 N.W.2d 681 (Minn. 1997)
COUNTRY JOE, INC., et al., Respondents, v. CITY OF EAGAN, petitioner, Appellant. No. C8-95-2289.Supreme Court of Minnesota. March 6, 1997. Appeal from the District Court, Dakota County, Thomas M. Murphy, J. Syllabus by the Court A statutory city lacks express or implied authority to impose a road unit connection Page 682 charge as a condition […]
IN RE QWEST’S PERFORMANCE ASSUR, PLAN, 783 N.W.2d 571 (Minn.App. 2010)
In the Matter of QWEST’S PERFORMANCE ASSURANCE PLAN. In the Matter of Qwest’s Wholesale Quality Standards. No. A09-1493.Minnesota Court of Appeals. June 8, 2010. Page 572 SYLLABUS BY THE COURT Money deposited in the Tier 2 Special Fund under Qwest Corporation’s Performance Assurance Plan does not constitute money recovered by a state official in litigation […]
IN RE CLARK v. CLARK, C4-02-141 (Minn.App. 7-30-2002)
In re: Vera Elaine Clark, petitioner, Appellant, v. Richard N. Clark, III, Respondent. No. C4-02-141.Minnesota Court of Appeals. Filed July 30, 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). […]