CITY OF ST. PAUL, Appellant, v. Catherine M. LaCLAIR, Respondent. No. CX-90-1741.Supreme Court of Minnesota. January 17, 1992. Rehearing Denied March 3, 1992. Appeal from the Court of Appeals, 466 N.W.2d 5. Page 370 Syllabus by the Court The City does not have standing to appeal its own Civil Service Commission’s decision. The City’s appeal […]
Category: Minnesota Court Opinions
STATE v. JOHNSON, A07-1566 (Minn.App. 12-16-2008)
State of Minnesota, Respondent, v. Jeremiah Joel Johnson, Appellant. No. A07-1566.Minnesota Court of Appeals. Filed December 16, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
POWER LINE TASK FORCE v. NORTHERN ST. POWER, A04-144 (Minn.App. 11-23-2004)
Power Line Task Force, Inc., on its behalf and on behalf of the State of Minnesota, Appellant, v. Northern States Power Company, d/b/a Xcel Energy, Respondent. No. A04-144.Minnesota Court of Appeals. Filed November 23, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not […]
PARTRIDGE v. BLACKBIRD, 213 Minn. 228 (1942)
6 N.W.2d 250 FRANK ARTHUR PARTRIDGE v. RAY BLACKBIRD.[1] No. 33,277.Supreme Court of Minnesota. November 13, 1942. [1] Reported in 6 N.W.2d 250. Workmen’s compensation — person not within act — farm laborer — determination of question. The nature of the employment taken as a whole is the test as to whether an employe is […]
STATE v. WOODWARD, A08-74 (Minn. 10-20-2009)
State v. John Stephen Woodward. No. A08-74.Supreme Court of Minnesota. Filed October 20, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Stay Vacated/Denied Page 1
MOORE v. STATE, A10-477 (Minn.App. 11-2-2010)
Joshua Darly Moore, petitioner, Appellant, v. State of Minnesota, Respondent. No. A10-477.Minnesota Court of Appeals. Filed November 2, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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. PEREZ, A07-401 (Minn. 9-29-2009)
State v. Joseph Michael Perez and Joseph Michael Perez v. State. No. A07-401 and A08-1226.Supreme Court of Minnesota. Filed September 29, 2009. Page 1 ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
INDEPENDENT SCHOOL DIST. v. A. HEDENBERG CO. INC., 214 Minn. 82 (1943)
7 N.W.2d 511 INDEPENDENT SCHOOL DISTRICT NO. 35, ST. LOUIS COUNTY, v. A. HEDENBERG AND COMPANY, INC. AND ANOTHER.[1] No. 33,221.Supreme Court of Minnesota. January 2, 1943. [1] Reported in 7 N.W.2d 511. Evidence — admissibility — informal written expression of opinion. 1. Architect’s letter to owner discouraging an investigation of a building to determine […]
LOBECK v. STATE FARM MUT. AUTO. INS. CO., 582 N.W.2d 246 (Minn. 1998)
Joshua Richard LOBECK, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Respondent, West Bend Mutual Automobile Insurance Co., petitioner, Appellant. No. CX-97-421.Supreme Court of Minnesota. July 30, 1998. Appeal from the Hennepin County District Court, Andrew W. Danielson, J. Page 247 Syllabus by the Court An automobile insurance policy that contains an exclusion from liability […]
PRENTICE v. TWIN CITY WHOLESALE GROCERY, 202 Minn. 455 (1938)
278 N.W. 895 SELWIN PRENTICE v. TWIN CITY WHOLESALE GROCERY AND ANOTHER.[1] No. 31,594.Supreme Court of Minnesota. April 8, 1938. [1] Reported in 278 N.W. 895. Workmen’s compensation — defense to claim for compensation — violation by employe of employer’s orders. Violation of employer’s orders does not defeat compensation under the workmen’s compensation act unless […]
ROSVALL v. PROVOST, 279 Minn. 119 (1968)
155 N.W.2d 900 VELVA ROSVALL v. ROGER PROVOST AND OTHERS. No. 40,574.Supreme Court of Minnesota. January 12, 1968. False imprisonment — defenses. 1. It is a complete defense to an action for false imprisonment that the arresting officer acted in good faith to enforce a law, or in compliance with process legally sufficient on its […]
BALDWIN v. STATE, A08-0691 (Minn.App. 5-19-2009)
Karon Kenyatta Baldwin, petitioner, Appellant, v. State of Minnesota, Respondent. No. A08-0691.Minnesota Court of Appeals. Filed May 19, 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 […]
SEYDEL v. REUBER, 254 Minn. 168 (1959)
94 N.W.2d 265 MARY ANN SEYDEL v. CLIFFORD C. REUBER. No. 37,394.Supreme Court of Minnesota. January 16, 1959. Damages — inadequate damages — as grounds for new trial. 1. The plaintiff either was entitled to recover her actual special damages and something additional for general damages or was not entitled to recover anything at all. […]
STATE v. THOMAS, A07-0620 (Minn.App. 7-15-2008)
State of Minnesota, Respondent, v. Lendale Thomas, Appellant. No. A07-0620.Minnesota Court of Appeals. Filed July 15, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District Court, […]
BESTE v. INDEPENDENT SCHOOL DIST. NO. 697, 398 N.W.2d 58 (Minn.App. 1986)
Thomas BESTE and David Kriska, Relators, v. INDEPENDENT SCHOOL DISTRICT NO. 697, Respondent. No. CX-86-1217.Minnesota Court of Appeals. December 30, 1986. Page 59 Syllabus by the Court Respondent school board satisfactorily proved discontinuance of position as grounds for placing relator on unrequested leave of absence, but respondent’s action of placing a less senior teacher in […]
STATE v. ALAMEDA, A06-1085 (Minn. 11-13-2007)
State v. Juan Manuel Alameda. No. A06-1085.Supreme Court of Minnesota. Filed: November 13, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
MUTUAL SERVICE CASUALTY INSURANCE CO. v. OVERHOLSER, 239 Minn. 243 (1953)
58 N.W.2d 268 MUTUAL SERVICE CASUALTY INSURANCE COMPANY v. ORVILLE OVERHOLSER AND ANOTHER. ROYAL OVERHOLSER v. LEO PEHOVEK. WALTER G. OVERHOLSER v. LEO PEHOVEK.[1] Nos. 35,952, 35,953, 35,954.Supreme Court of Minnesota. May 1, 1953. [1] Reported in 58 N.W.2d 268. Automobiles — negligence of driver — sufficiency of evidence. New trial — error in instructions […]
IN RE DISCIPLINARY ACTION AGAINST GURSTEL, 577 N.W.2d 477 (Minn. 1997)
In re Petition for DISCIPLINARY ACTION AGAINST Norman K. GURSTEL, an Attorney at Law of the State of Minnesota. No. C9-93-1390.Supreme Court of Minnesota. November 6, 1997. ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Norman K. Gurstel, who was suspended from […]
HOLLAND v. DICK YOUNGBERG CHEVROLET, 348 N.W.2d 770 (Minn.App. 1984)
Jill HOLLAND, et al., Respondents, v. DICK YOUNGBERG CHEVROLET-BUICK, INC., Appellant, No. C9-83-1503.Minnesota Court of Appeals. May 1, 1984. Appeal from the District Court, Wright County, Spencer J. Sokolowski, J. Page 771 Syllabus by the Court 1. Where a buyer purchases a truck recommended by seller as appropriate to haul the buyer’s intended load and […]
STATE v. ANDERSON, C5-97-2383 (Minn.App. 8-25-1998)
State of Minnesota, Respondent, v. Melvin Lee Anderson, Appellant. No. C5-97-2383.Minnesota Court of Appeals. Filed August 25, 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 […]
IN RE WELFARE OF CHILDREN OF N.F., 735 N.W.2d 735 (Minn.App. 2007)
In the Matter of the WELFARE OF the CHILDREN OF N.F. and S.F., Parents. No. A07-152.Minnesota Court of Appeals. July 24, 2007. Appeal from the District Court, Hennepin County, Pamela G. Alexander, J. SYLLABUS 1. For purposes of determining whether a child is in need of protection or services under Minn.Stat. § 260C.007, subd. 6(2) […]
IN RE EMSWILER, A06-1979 (Minn.App. 12-18-2007)
In re: Guardianship of Herbert D. Emswiler, Ward. No. A06-1979.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, subd. 3 (2006). Appeal from the District Court, […]
ABE v. COMMISSIONER OF PUBLIC SAFETY, 374 N.W.2d 788 (Minn.App. 1985)
Stephen Toku ABE, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C2-85-259.Minnesota Court of Appeals. October 8, 1985. Appeal from the Municipal Court, Hennepin County, John J. Somerville, J. Page 789 Syllabus by the Court 1. A driver who is arrested for DWI has no statutory or constitutional right to consult with an attorney […]
SMITH v. SMITH, 282 Minn. 190 (1968)
163 N.W.2d 852 LOWERY J. SMITH v. JANE BECK SMITH. No. 41157.Supreme Court of Minnesota. December 27, 1968. Divorce — support of child — depriving father of visitation rights — effect on duty to support child. 1. Absent unusual circumstances, where a mother having custody of a minor child deprives the father of visitation rights […]
VOORHEES v. STATE, 706 N.W.2d 497 (Minn. 2005)
Brad Alan VOORHEES, petitioner, Appellant, v. STATE of Minnesota, Respondent. No. A05-27.Supreme Court of Minnesota. December 8, 2005. Appeal from the District Court, St. Louis County, John T. Oswald, J. Page 498 Syllabus by the Court The postconviction court did not abuse its discretion when it denied petitioner’s claim of newly discovered evidence. The postconviction […]
WHITE PINE LUMBER CO. INC. v. MADSEN PETERSON, 166 Minn. 228 (1926)
207 N.W. 628 WHITE PINE LUMBER COMPANY, INC. v. MADSEN PETERSON.[1] No. 24,917.Supreme Court of Minnesota. February 26, 1926. [1] Reported in 207 N.W. 628. Notice of breach of warranty not given within reasonable time. Plaintiff sold two carloads of lumber to defendant who claims a breach of warranty as to quality. Upon examination of […]
BOWE v. DOVOLIS, C6-96-2205 (Minn.App. 7-22-1997)
Thomas Bowe, Appellant, v. Helen A. Dovolis, d/b/a Dovolis Associates, Respondent. No. C6-96-2205.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. sec. 480A.08, subd. 3 (1996). Appeal from […]
STATE v. REYNOLDS, A10-85 (Minn.App. 10-19-2010)
State of Minnesota, Respondent, v. Jessica Ann Reynolds, Appellant. No. A10-85.Minnesota Court of Appeals. Filed October 19, 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 […]
WELFARE OF S.A.M., 570 N.W.2d 162 (Minn.App. 1997)
In the Matter of the WELFARE OF S.A.M. No. C8-97-367.Minnesota Court of Appeals. October 28, 1997. Appeal from the District Court, Hennepin County, Pamela G. Alexander, J. Page 163 Syllabus by the Court I. A videotape may be authenticated by evidence describing the reliability of the process or system that created the tape if the […]
SANDAL v. TALLMAN OIL CO., 281 N.W.2d 507 (Minn. 1979)
Judith A. SANDAL, widow of Owen J. Sandal, deceased, Relator, v. TALLMAN OIL COMPANY and Fidelity Casualty Company of New York, Respondents, Withnell Oil Company and State Auto and Casualty Underwriters, Respondents. No. 48527.Supreme Court of Minnesota. July 13, 1979. Appeal from the Workers’ Compensation Court of Appeals. Syllabus by the Court Where the onset […]
NOWICKI v. BENSON PROPERTIES, 402 N.W.2d 205 (Minn.App. 1987)
Raymond L. NOWICKI, Appellant, v. BENSON PROPERTIES, et al., Respondents. No. C2-86-1762.Minnesota Court of Appeals. March 17, 1987. Appeal from the District Court, Ramsey County, Harold Schultz, J. Page 206 Syllabus by the Court 1. Statutory cancellation of a contract for deed terminates the right of a defaulting vendee to bring any action which depends […]
IN RE DISCIPLINARY ACTION, NELSON, 733 N.W.2d 458 (Minn. 2007)
In re Petition for DISCIPLINARY ACTION AGAINST Dewey M. NELSON, a Minnesota Attorney, Registration No. 77677. No. A06-1370.Supreme Court of Minnesota. June 21, 2007. Page 459 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 460 SYLLABUS 1. The referee’s findings of fact […]
HYATT v. ANOKA POLICE DEPT., 700 N.W.2d 502 (Minn.App. 2005)
Lena M. HYATT, Respondent, v. ANOKA POLICE DEPARTMENT, et al., Appellants. No. A03-1707.Minnesota Court of Appeals. July 19, 2005. Appeal from the District Court, Anoka County. Page 503 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 504 SYLLABUS 1. Because a city […]
STATE v. PARTLOW, 321 N.W.2d 886 (Minn. 1982)
STATE of Minnesota, Respondent, v. Richard D. PARTLOW, Appellant. No. 81-1282.Supreme Court of Minnesota. July 7, 1982. Rehearing Denied September 2, 1982. Appeal from the District Court, Ramsey County, Sidney P. Abramson, J. Syllabus by the Court 1. Evidence was sufficient to sustain defendant’s conviction of criminal sexual conduct in the first degree. 2. Particular […]
OAK PARK DEV. v. SNYDER BROS., 499 N.W.2d 500 (Minn.App. 1993)
OAK PARK DEVELOPMENT CO., INC., a dissolved Minnesota corporation, on behalf of its former shareholders, and Swager Bros., Inc., Appellants, v. SNYDER BROTHERS OF MINNESOTA, INC., Respondent. No. C3-92-1617.Minnesota Court of Appeals. April 27, 1993. Appeal from the District Court, Hennepin County, Cara Neville, J. Page 501 Syllabus by the Court 1. A tenant’s obligation […]
BURLINGTON COAT FACTORY OF MINN. v. CHAPMAN, A07-1456 (Minn.App. 9-2-2008)
Burlington Coat Factory of Minnesota, LLC, successor to Burlington Coat Factory Warehouse of Minneapolis, Inc., Respondent, v. Jerry Chapman, d/b/a Jerrys Auto Specialties Ltd., John Doe, Mary Roe, XYZ Corporation, Appellants. No. A07-1456.Minnesota Court of Appeals. Filed September 2, 2008. Page 1 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This […]
STATE v. MEYER, A10-740 (Minn.App. 5-9-2011)
State of Minnesota, Respondent, v. James Kelly Meyer, Sr., Appellant. No. A10-740.Minnesota Court of Appeals. Filed May 9, 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 […]
DeMARS v. STATE, 352 N.W.2d 13 (Minn. 1984)
Jeffrey Jonathan DeMARS, Appellant, v. STATE of Minnesota, Respondent. No. C8-83-536.Supreme Court of Minnesota. July 13, 1984. Appeal from the District Court, Sherburne County, Carroll E. Larson, J. Syllabus by the Court The evidence was sufficient to support the trial court’s determination that defendant knew the nature of his act and that it was wrong […]
STATE v. COOK, 212 Minn. 495 (1942)
4 N.W.2d 323 STATE v. HARRY COOK.[1] No. 33,009.Supreme Court of Minnesota. May 29, 1942. [1] Reported in 4 N.W.2d 323. Criminal law — criminal negligence of motorist — prosecution — instructions and requests for instructions. Defendant, convicted on an information charging him with having killed Martin Kurtzahn by driving his car in a reckless […]
IN MATTER OF THE CIVIL COMM. OF PITTMAN, A11-49 (Minn. 7-19-2011)
In the Matter of the Civil Commitment of: Michael Dijon Pittman. No. A11-49.Supreme Court of Minnesota. Filed July 19, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
DISCIPLINARY ACTION AGAINST TRYGSTAD, 338 N.W.2d 9 (Minn. 1983)
In re Petition for DISCIPLINARY ACTION AGAINST David J. TRYGSTAD, Respondent. No. C5-83-1031.Supreme Court of Minnesota. August 9, 1983. ORDER OF DISBARMENT Based on the records, files and proceedings herein and upon the stipulation of the parties, IT IS HEREBY ORDERED: 1. David J. Trygstad is herewith disbarred from the practice of law in the […]
PAULOS v. BEST SECURITIES INCORPORATED, 260 Minn. 283 (1961)
109 N.W.2d 576 JAMES G. PAULOS v. BEST SECURITIES INCORPORATED AND OTHERS. No. 38,206.Supreme Court of Minnesota. June 9, 1961. Securities — Minnesota Securities Act — substituted service on nonresident — validity. 1. Under Minn. St. 80.14, subd. 1, state court acquired jurisdiction over nonresident defendants in action involving their violations of §§ 80.07, 80.12, […]
SINGER v. MANDT, 211 Minn. 50 (1941)
299 N.W. 897 STEPHEN SINGER, TRUSTEE IN BANKRUPTCY OF GOODRIDGE FARMERS ELEVATOR MILLING COMPANY, v. A. B. MANDT AND OTHERS. BENSON-QUINN COMPANY, RESPONDENT.[1] No. 33,015.Supreme Court of Minnesota. September 5, 1941. [1] Reported in 299 N.W. 897. Venue — change of venue — transitory action against several defendants. 1. The venue of a transitory action […]
DRUMMOND v. HOELSCHER, 383 N.W.2d 383 (Minn.App. 1986)
Allen DRUMMOND, et al., Appellants, v. Dennis HOELSCHER, et al., Respondents. No. C6-85-1351.Minnesota Court of Appeals. March 11, 1986. Appeal from the District Court, Ramsey County, Gordon W. Schumaker, J. Syllabus by the Court Trial court did not abuse its discretion in granting a temporary injunction enjoining appellants from trespassing on respondents’ property. Paris DonRay […]
STATE v. TOMASSONI, 778 N.W.2d 327 (Minn. 2010)
STATE of Minnesota, Respondent, v. Gary H. TOMASSONI, Appellant. No. A08-1879.Supreme Court of Minnesota. February 18, 2010. Appeal from the trial court, Ellen L. Maas, J. Page 328 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 329 SYLLABUS The State’s improper use […]
JACKSON v. STATE, A08-745 (Minn. 5-19-2009)
Tony Dejuan Jackson v. State. No. A08-745.Supreme Court of Minnesota. Filed May 19, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. RUD, 352 N.W.2d 480 (Minn.App. 1984)
STATE of Minnesota, Plaintiff, v. Alvin Harry RUD, Defendant, Rosemary Ann Rud, Defendant. No. C0-84-248.Minnesota Court of Appeals. July 31, 1984. Review Granted September 12, 1984. Appeal from the District Court, Scott County, Martin J. Mansur, J. Page 481 Syllabus by the Court Where the only information available to the defense concerning the date and […]
IN RE BLAIS v. BLAIS, C1-97-1652 (Minn.App. 3-31-1998)
In re the Marriage of: David Anthony Blais, petitioner, Appellant, v. Alice Faye Blais, Respondent. No. C1-97-1652.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. […]
CHICAGO N.W. RY. CO. v. VERSCHINGEL, 197 Minn. 580 (1936)
268 N.W. 2 CHICAGO NORTH WESTERN RAILWAY COMPANY AND ANOTHER v. JOSEPH G. VERSCHINGEL AND OTHERS.[1] No. 30,779.Supreme Court of Minnesota. June 26, 1936. [1] Reported in 268 N.W. 2, 709. Appeal and error — preservation of right of review — findings of fact. Automobile — freight transportation service — license and regulation — proceedings. […]
STATE v. FORD, C3-95-1700 (Minn.App. 7-23-1996)
STATE OF MINNESOTA, Respondent, v. CARL LAVIN FORD, Appellant. No. C3-95-1700.Minnesota Court of Appeals. Filed July 23, 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 […]
BLAISDELL v. HOME BUILDING LOAN ASSN., 189 Minn. 422 (1933)
249 N.W. 334 JOHN H. BLAISDELL AND ANOTHER v. HOME BUILDING LOAN ASSOCIATION.[1] No. 29,615.Supreme Court of Minnesota. July 7, 1933. [1] Reported in 249 N.W. 334. Affirmed 290 U.S. 398, 54 S.Ct. 231, 78 L. ed. 255. Mortgage — redemption — extension of time — validity of statute. Constitution — impairment of obligation of […]
IN RE MARRIAGE OF BYDZOVSKY v. BYDZOVSKY, A05-1702 (Minn.App. 8-8-2006)
In re the Marriage of: Judy L. Bydzovsky, petitioner, Respondent, v. William V. Bydzovsky, Appellant. No. A05-1702.Minnesota Court of Appeals. Filed August 8, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
STATE EX REL. LA ROSE v. TAHASH, 262 Minn. 552 (1962)
115 N.W.2d 687 STATE EX REL. MILES LA ROSE v. RALPH TAHASH. No. 38,402.Supreme Court of Minnesota. May 25, 1962. Apportionment — constitutional requirements — failure to redistrict — validity of subsequent legislation. 1. Under Minn. Const. art. 4, §§ 2, 23, 24, which require periodic redistricting by state legislature to meet population changes as […]
STATE EX REL. SHEAHAN v. MULALLY, 257 Minn. 27 (1959)
99 N.W.2d 892 STATE EX REL. LOUIS P. SHEAHAN v. EDWARD D. MULALLY. No. 37,951.Supreme Court of Minnesota. December 4, 1959. Municipal corporations — violation of ordinance prohibiting disorderly conduct — right to jury trial. A defendant charged with violating a city ordinance prohibiting disorderly conduct is not entitled to a trial by jury in […]
MATTER OF WELFARE OF A.A.E., 579 N.W.2d 149 (Minn.App. 1998)
In the Matter of the WELFARE OF A.A.E., Child. No. C6-97-1727.Minnesota Court of Appeals. May 19, 1998. Review Granted July 16, 1998. Appeal from the District Court, St. Louis County, Robert F. Berger, J. Page 150 Syllabus by the Court The “endanger the safety of another” clause in Minn.Stat. § 609.66, subd. 1a(a)(2) (1996), describes […]
RENVILLE COUNTY v. HANSON, C2-02-400 (Minn.App. 8-1-2002)
Renville County ex.rel., Weidner v. Hanson. No. C2-02-400.Minnesota Court of Appeals. Filed: August 1, 2002. Appeal from the District Court, Renville County, Hon. Randall Slieter. G. Barry Anderson, Judge Remanded
GAINES-LAMBERT v. FRANCISCO, A05-1975 (Minn.App. 8-15-2006)
Ashley Gaines-Lambert, Plaintiff, v. Patrick Francisco, Appellant, Michael L. McNeal, Respondent, Corey A. Whitmore, Defendant. No. A05-1975.Minnesota Court of Appeals. Filed August 15, 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. […]
MINNESOTA VALLEY GUN CLUB v. NORTHLINE CORPORATION, 207 Minn. 126 (1940)
290 N.W. 222 MINNESOTA VALLEY GUN CLUB v. NORTHLINE CORPORATION.[1] No. 32,193.Supreme Court of Minnesota. February 9, 1940. [1] Reported in 290 N.W. 222. Profit a prendre — creation — grant of hunting rights. Action under the declaratory judgments act to determine the validity of a certain instrument. Held: 1. The instrument created a profit […]
LOCKWAY v. PROULX, 283 Minn. 30 (1969)
166 N.W.2d 79 KENNETH LOCKWAY v. CONRAD PROULX AND ANOTHER. CITY OF ST. PAUL, APPELLANT. No. 41382.Supreme Court of Minnesota. March 7, 1969. Municipal corporations — tort liability — injury caused by icy sidewalk — applicability of statutory exemption. The term “highway,” as used in Minn. St. 466.03, subd. 4, of the so-called Municipal Tort […]
ROBINS v. CONSECO FINANCE LOAN COMPANY, 656 N.W.2d 241 (Minn.App. 2003)
Brian Robins, Appellant, v. Conseco Finance Loan Company, Respondent. No. C8-02-1017Minnesota Court of Appeals. Filed: February 4, 2003. Appeal from the District Court, Beltrami County, File No. C7002149. Page 242 SYLLABUS There is no cause of action for invasion of privacy by publication of private facts where a lender disseminates credit information about a prospective […]
COWETTE v. LaCLARE, C5-97-1461 (Minn.App. 5-12-1998)
Wayne Paul Cowette, et al., Appellants, v. Dawn C. LaClare, Respondent. No. C5-97-1461.Minnesota Court of Appeals. Filed May 12, 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 […]
PEARCY v. CINTAS CORPORATION NO. 2, A05-1046 (Minn.App. 4-11-2006)
Treva A. Pearcy, Relator, v. Cintas Corporation No. 2, Respondent, Department of Employment and Economic Development, Respondent. No. A05-1046.Minnesota Court of Appeals. Filed April 11, 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. § […]
SUTTLE v. CITY OF ST. PAUL, C3-01-427 (Minn.App. 7-31-2001)
Vanyell Suttle, as the parent and natural guardian of her daughter Yanika Suttle, a minor, and on behalf of a class of persons similarly situated, Appellants, v. City of St. Paul, Respondent, County of Ramsey, et al., Respondents, Michael Misgen, Respondent, American National Insurance Company, Respondent. No. C3-01-427.Minnesota Court of Appeals. Filed July 31, 2001. […]
EDSTROM v. COMMISSIONER OF PUBLIC SAFETY, A08-1815 (Minn.App. 9-15-2009)
Shane Victor Edstrom, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. A08-1815.Minnesota Court of Appeals. Filed: September 15, 2009. Appeal from the District Court, Washington County, Hon. Gregory G. Galler. RECENT ORDER OPINIONS KEVIN G. ROSS, Judge Affirmed. Page 1
BARNES v. NELSON, 179 Minn. 259 (1930)
228 N.W. 917 FRANK C. BARNES v. NELS NELSON.[1] No. 27,635.Supreme Court of Minnesota. January 17, 1930. [1] Reported in 228 N.W. 917. Fraud and attempted rescission no defense to receiver’s action to assess stockholders. Defendant became a stockholder of a corporation more than two years before the corporation failed. About two months before the […]
TOMLINSON LUMBER SALES, INC. v. J. D. HARROLD CO., 263 Minn. 470 (1962)
117 N.W.2d 203 TOMLINSON LUMBER SALES, INC. v. J. D. HARROLD COMPANY. No. 38,408.Supreme Court of Minnesota. September 7, 1962. Contracts — substantial performance — when recovery of damages permitted. 1. The rule denying a contractor who is a “willful transgressor” damages for substantial performance has no application where the jury has resolved the issue […]
FARIBAULT COUNTY v. MINNESOTA DOT, 472 N.W.2d 166 (Minn.App. 1991)
FARIBAULT COUNTY, et al., Respondents, v. MINNESOTA DEPARTMENT OF TRANSPORTATION, et al., Appellants. No. C9-90-2508.Minnesota Court of Appeals. June 18, 1991. Review Denied August 29, 1991. Appeal from the District Court, Ramsey County, Mary Louise Klas, J. Page 167 Syllabus by the Court Because Minn.Stat. § 177.41 requires that political subdivisions pay prevailing wages on […]
LOGAN v. PANUSKA, 293 N.W.2d 359 (Minn. 1980)
John S. LOGAN et al., Respondents, v. Harold J. PANUSKA et al., Appellants. Arthur Russell KRUEGER, Jr., et al., Appellants, v. Harold J. PANUSKA, Respondent. Nos. 48767, 48983 and 48768.Supreme Court of Minnesota. April 4, 1980. Rehearing Denied June 16, 1980. Appeal from the District Court, Hennepin County, Richard Kantorowicz, J., and Irving Iverson, J. […]
IN RE SWARTHOUT v. SIROKI, C9-00-2219 (Minn.App. 7-10-2001)
In re the Matter of: Kristofor T. Swarthout, Respondent, v. Lauri A. Siroki, n/k/a Lauri A. Jones, Appellant. No. C9-00-2219.Minnesota Court of Appeals. Filed July 10, 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. […]
IN RE TERMINATION OF HENSEN, C4-00-2080 (Minn.App. 8-7-2001)
In Re: The Termination of Mark Hensen from employment with the City of Hutchinson, Minnesota. No. C4-00-2080.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. […]
FRENCH v. FRENCH, 236 Minn. 439 (1952)
53 N.W.2d 215 IDA MAE FRENCH v. HAROLD FRENCH.[1] No. 35,615.Supreme Court of Minnesota. May 2, 1952. [1] Reported in 53 N.W.2d 215 Divorce — custody of child — considerations determining — welfare of child. 1. The primary consideration in determining custody is the welfare of the child, and to this welfare the selfish and […]
HARTMANN v. NORTHERN SERVICES, C1-96-135 (Minn.App. 8-6-1996)
STEVEN JOHN HARTMANN, D.C., ET AL., Appellants, v. NORTHERN SERVICES, INC., n/k/a HEALTH SERVICES MANAGEMENT, INC., ET AL., Respondents. No. C1-96-135.Minnesota Court of Appeals. Filed August 6, 1996. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. […]
AMER. EMP. INS. CO. v. ROBINSON OUTDOORS, A08-0510 (Minn.App. 2-10-2009)
American Employers Insurance Company, et al., Respondents, v. Robinson Outdoors, Inc., f/k/a Robinson Laboratories, Inc., Appellant. No. A08-0510.Minnesota Court of Appeals. Filed February 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, […]
STATE v. McKINNON, 273 Minn. 210 (1966)
140 N.W.2d 608 STATE v. GLEN EDWARD McKINNON. No. 40,146.Supreme Court of Minnesota. February 11, 1966. Appearance — appeal to district court on issues of law and fact — right to attack jurisdiction. A defendant who fails to challenge jurisdiction over his person in the prosecution of an ordinance violation in the municipal division of […]
SMITH-WHITE v. ALLINA HEALTH SYS., A06-753 (Minn.App. 5-1-2007)
Vadia Smith-White, Relator, v. Allina Health System, Respondent, Department of Employment and Economic Development, Respondent. No. A06-753.Minnesota Court of Appeals. Filed May 1, 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. […]
SKARTUM v. KOCH, 174 Minn. 47 (1928)
218 N.W. 446 K. G. SKARTUM AND ANOTHER v. EMMA C. KOCH.[1] No. 26,574.Supreme Court of Minnesota. March 2, 1928. [1] Reported in 218 N.W. 446. Service of notice of foreclosure by advertisement of mortgage on farm was sufficient. In the foreclosure by advertisement of a mortgage on a farm the notice of foreclosure and […]
PACHTCHENKO v. MINICH, A04-312 (Minn.App. 12-21-2004)
Alexei Pachtchenko, Appellant, v. Alexander Minich, et al., Respondents. No. A04-312.Minnesota Court of Appeals. Filed December 21, 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 […]
STATE v. KEMPF, A06-315 (Minn. 10-16-2007)
State v. Jeffrey Paul Kempf. No. A06-315.Supreme Court of Minnesota. Filed October 16, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
SCHMITT v. MASSACHUSETTS PROTECTIVE ASSN. INC., 170 Minn. 60 (1927)
212 N.W. 5 AARON F. SCHMITT v. MASSACHUSETTS PROTECTIVE ASSOCIATION, INC.[1] No. 25,808.Supreme Court of Minnesota. January 21, 1927. [1] Reported in 212 N.W. 5. Verdict for plaintiff sustained. 1. Evidence held sufficient to support the verdict. Findings sustained as to insured’s answers to agent and agent’s misstatements in application. 2. Evidence supports findings that […]
DOSE v. INSURANCE CO. OF PENNSYLVANIA, 206 Minn. 114 (1939)
287 N.W. 866 HERALD P. DOSE AND ANOTHER v. THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA.[1] No. 32,102.Supreme Court of Minnesota. October 20, 1939. [1] Reported in 287 N.W. 866. Trial — verdict on special question — conclusiveness. 1. With us, a verdict upon a special question is determinative and remains so unless vacated. […]
OGREN v. CITY OF DULUTH, 219 Minn. 555 (1945)
18 N.W.2d 535 MABEL A. OGREN v. CITY OF DULUTH.[1] No. 33,947.Supreme Court of Minnesota. April 20, 1945. [1] Reported in 18 N.W.2d 535. Workmen’s compensation — notice of employe’s injury — effect of knowledge of injury by agent of employer. 1. Actual knowledge by a captain in charge of a city fire station of […]
BERRY v. LEECH LAKE TRIBAL COUNCIL, A10-2283 (Minn.App. 8-29-2011)
Lynn Berry, Relator, v. Leech Lake Tribal Council Gaming Division, Respondent, Department of Employment and Economic Development, Respondent. No. A10-2283.Minnesota Court of Appeals. Filed August 29, 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. […]
GERHARDT v. WELCH, 267 Minn. 206 (1964)
125 N.W.2d 721 LUCILLE GERHARDT v. MIKE WELCH AND ANOTHER. No. 39,011.Supreme Court of Minnesota. January 10, 1964. Workmen’s compensation — death of injured employee — rights of dependents to compensation. 1. Where an employee suffers a compensable injury and death follows as a natural consequence of the injury, employee’s dependents are entitled to recover […]
TRAPP v. HANCUH, 530 N.W.2d 879 (Minn.App. 1995)
James A. TRAPP, Appellant, v. Lowell L. HANCUH, et al., Respondents. No. C0-94-2373.Minnesota Court of Appeals. May 2, 1995. Appeal from the District Court, Ramsey County, Mary Louise Klas, J. Page 880 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 881 [EDITORS’ […]
COALITION OF GREATER MINN. v. POLL. CONT., 765 N.W.2d 159 (Minn.App. 2009)
COALITION OF GREATER MINNESOTA CITIES, Petitioner, v. MINNESOTA POLLUTION CONTROL AGENCY, et al. Respondents. No. A08-1198.Minnesota Court of Appeals. May 12, 2009. Page 160 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 161 SYLLABUS 1. A petitioner has standing to bring a […]
MORTEL v. IND. SCH. DIST. NO. 831, FOREST LAKE, 334 N.W.2d 408 (Minn. 1983)
Patricia S. MORTEL, et al., Relators, v. INDEPENDENT SCHOOL DISTRICT NO. 831, FOREST LAKE PUBLIC SCHOOLS, Respondent, and Commissioner of Economic Security, Respondent. No. C8-82-1336.Supreme Court of Minnesota. June 3, 1983. Syllabus by the Court The disqualification week provided by Minn.Stat. § 268.09, subd. 3(b) (1982), began Page 409 the day relators were laid off […]
HOUSING REDEVEL. AUTHOR. v. COLEMAN’S SERVICE, INC., 281 Minn. 63 (1968)
160 N.W.2d 266 HOUSING AND REDEVELOPMENT AUTHORITY OF CITY OF ST. PAUL v. COLEMAN’S SERVICE, INC. No. 41,210.Supreme Court of Minnesota. July 19, 1968. Housing and redevelopment — condemnation of property within blighted area — propriety of finding — sufficiency of evidence. 1. Finding that the area was “blighted,” the St. Paul Housing and Redevelopment […]
STATE v. PTACEK, 766 N.W.2d 355 (Minn.App. 2009)
STATE of Minnesota, Respondent, v. Allan John PTACEK, Appellant. No. A08-0814.Minnesota Court of Appeals. June 9, 2009. Appeal from the District Court, Steele County, Joseph Bueltel, J. Page 356 Syllabus by the Court Under Minn.Stat. § 609.341, subd. 12(1) (2004), fellatio constituting sexual penetration occurs when there is any contact between the mouth, tongue, or […]
STATE v. JOHNSON, C2-97-1384 (Minn.App. 5-5-1998)
State of Minnesota, Respondent, v. Andre Thomas Johnson, Appellant. No. C2-97-1384.Minnesota Court of Appeals. Filed May 5, 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 […]
STATE v. ROLL, C4-96-985 (Minn.App. 11-5-1996)
State of Minnesota, Respondent, v. Kenneth Vincent Roll, Appellant. No. C4-96-985.Minnesota Court of Appeals. Filed November 5, 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 MATTER OF SCHMIDT, A10-1425 (Minn. 6-14-2011)
In the Matter of: Michael S. Schmidt, on behalf of P.M.S. v. Robert H. Coons. No. A10-1425.Supreme Court of Minnesota. Filed June 14, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted Page 1
FIEDLER v. METROPOLITAN PRODUCTIONS INC., A09-1257 (Minn.App. 5-18-2010)
David Fiedler, Relator, v. Metropolitan Productions Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A09-1257.Minnesota Court of Appeals. Filed May 18, 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. […]
SCHILTZ v. CITY OF DULUTH, 449 N.W.2d 439 (Minn. 1990)
Earl W. SCHILTZ, Respondent, v. CITY OF DULUTH, Minnesota, petitioner, Appellant. No. C3-89-53.Supreme Court of Minnesota. January 5, 1990. Appeal from the District Court, St. Louis County, Charles T. Barnes, J. Page 440 Syllabus by the Court A motion for new trial in mandamus proceedings is authorized and appealable pursuant to Minn.R.Civ.App.P. 103.03(d). Bryan F. […]
ANDERSON v. PEDERSON, A07-154 (Minn. 6-19-2007)
Philip R. Anderson v. Michael T. Pederson. No. A07-154.Supreme Court of Minnesota. Filed: June 19, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
IN RE DISCIPLINARY ACTION AGAINST GIBERSON, 557 N.W.2d 350 (Minn. 1997)
In re Petition for DISCIPLINARY ACTION AGAINST Francis E. GIBERSON, an Attorney at Law of the State of Minnesota. No. C9-96-2392.Supreme Court of Minnesota. January 23, 1997. ORDER Based upon the application of the Director of the Office of Lawyers Professional Responsibility, pursuant to Rule 12(c)(1), Rules on Lawyers Professional Responsibility, and upon evidence that […]
RICHMAN v. RAMSEY COUNTY COMM. HUMAN SER., C5-87-2037 (Minn. 7-28-1999)
L. Marie and Bradley Richman v. Ramsey County Community Human Services. No. C5-87-2037.Supreme Court of Minnesota. July 28, 1999. Denied
MURPHY v. CARLSON, A11-119 (Minn.App. 11-28-2011)
Robert John Murphy, f/k/a Robert John Murphy Feder, petitioner, Respondent, v. Danica Susan Carlson, Appellant. No. A11-119.Minnesota Court of Appeals. Filed November 28, 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. […]
BLAKE v. STATE, A05-1593 (Minn.App. 9-19-2006)
John J. Blake, Appellant, v. State of Minnesota, Respondent. No. A05-1593.Minnesota Court of Appeals. Filed September 19, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District […]
IN RE CONSERVATORSHIP OF KOCEMBA, 429 N.W.2d 302 (Minn.App. 1988)
In re CONSERVATORSHIP OF Helen M. KOCEMBA, Conservatee. No. C2-88-308.Minnesota Court of Appeals. September 27, 1988. Appeal from the District Court, Hennepin County, Melvin J. Peterson, J. Page 303 Syllabus by the Court 1. Once a person is found to be incapacitated and is under an involuntary conservatorship, a finding of incapacity is necessary when […]
MATTER OF MORTON, 386 N.W.2d 832 (Minn.App. 1986)
In the Matter of Wallace MORTON. No. C3-86-376.Minnesota Court of Appeals. May 20, 1986. Appeal from the District Court, Mental Health Division, Hennepin County, Lindsay G. Arthur, J. Page 833 Syllabus by the Court A pre-petition screening report, protected nonpublic data prepared in anticipation of the commitment process, may be disseminated to the court-appointed examiner […]