position claim (Minnesota) · Go Syfert
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position claim in Minnesota

19 Minnesota opinions name it 2 courts 1872–2011 0 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
United States v. Dotterweichgreen
scotus · 1943 · cited in 2 Minnesota opinions naming this issue, 1992–1992
2 sentences

1992Park, 421 U.S. at 673-74 , 95 S.Ct. at 1912 ; see Dotterweich, 320 U.S. at 284 , 64 S.Ct. at 138 (offense is committed by all who “have such a responsible share in the furtherance of the transaction which the statute outlaws”).

1992Park, 421 U.S. at 673-74 , 95 S.Ct. at 1912 ; see Dotterweich, 320 U.S. at 284 , 64 S.Ct. at 138 (offense is committed by all who “have such a responsible share in the furtherance of the transaction which the statute outlaws”).

22
Pedro v. Pedrogreen
minnctapp · 1992 · cited in 1 Minnesota opinions naming this issue, 2011–2011
1 sentence

2011Moreover, in Berre-man, the court of appeals did not undertake to define the scope of common law close corporation fiduciary duty, deciding only that majority shareholders have a duty to deal “openly, honestly, and fairly with other shareholders.” Berreman, 615 N.W.2d at 371 (citing Pedro v. Pedro, 489 N.W.2d 798, 801 (Minn.App.1992)).

11
State v. Bobogreen
minn · 2009 · cited in 1 Minnesota opinions naming this issue, 2010–2010
1 sentence

2010See State v. Bobo, 770 N.W.2d 129, 139 (Minn.2009) (recognizing trial tactics as purposeful strategy and not subject to review).

11
In Re the Cities of Annandale & Maple Lake NPDES/SDS Permit Issuance for the Discharge of Treated Wastewatergreen
minn · 2007 · cited in 1 Minnesota opinions naming this issue, 2009–2009
1 sentence

2009Cf Annandale, 731 N.W.2d at 516 (reviewing action by Minnesota Pollution Control Agency on complex technical-scientific matters). 4 .

11
Spira v. American Standard Insurance Co.green
minnctapp · 1985 · cited in 1 Minnesota opinions naming this issue, 1987–1987
1 sentence

1987See Spira v. American Standard Insurance Co., 361 N.W.2d 454, 457 (Minn.Ct.App.1985), pet. for rev. denied (Minn. Mar. 29, 1985).

11
Marshall-Wells Co. v. Commissioner of Taxationgreen
minn · 1945 · cited in 1 Minnesota opinions naming this issue, 1976–1976
2 sentences

1976The commissioner relies on the language in clause (4) which provides that the entire income derived from a multistate business is to be apportioned to this state pursuant to section 290.19 “notwithstanding any provisions of this section to the contrary.” In Marshall-Wells Co. v. Commr. of Taxation, 220 Minn. 458, 462 , 20 N. W. 2d 92, 94 (1945), this court set forth the constitutional bounds of the state’s taxing authority in. construing Minn. St. 290.17(4): “Generally speaking, a state may tax any privilege extended by it and may adopt any reasonable rule for the measurement of such tax, prov

1976The commissioner relies on the language in clause (4) which provides that the entire income derived from a multistate business is to be apportioned to this state pursuant to section 290.19 “notwithstanding any provisions of this section to the contrary.” In Marshall-Wells Co. v. Commr. of Taxation, 220 Minn. 458, 462 , 20 N. W. 2d 92, 94 (1945), this court set forth the constitutional bounds of the state’s taxing authority in. construing Minn. St. 290.17(4): “Generally speaking, a state may tax any privilege extended by it and may adopt any reasonable rule for the measurement of such tax, prov

11
Knutson v. Arrigoni Brothers Co.green
minn · 1966 · cited in 1 Minnesota opinions naming this issue, 1973–1973
2 sentences

1973This court has similarly held that “we are not inclined to give shelter under Rules of Civil Procedure, Rule 51, where counsel by failure to object have tacitly agreed to the instructions of the court.” Mineral Resources, Inc. v. Mahnomen Const. Co. 289 Minn. 412, 418 , 184 N. W. 2d 780, 784 (1971), citing Knutson v. Arrigoni Brothers Co. 275 Minn. 408, 415 , 147 N. W. 2d 561, 566 (1966), and Hemming v. Ald, Inc. 279 Minn. 38, 46 , 155 N. W. 2d 384, 390 (1967).

1973This court has similarly held that “we are not inclined to give shelter under Rules of Civil Procedure, Rule 51, where counsel by failure to object have tacitly agreed to the instructions of the court.” Mineral Resources, Inc. v. Mahnomen Const. Co. 289 Minn. 412, 418 , 184 N. W. 2d 780, 784 (1971), citing Knutson v. Arrigoni Brothers Co. 275 Minn. 408, 415 , 147 N. W. 2d 561, 566 (1966), and Hemming v. Ald, Inc. 279 Minn. 38, 46 , 155 N. W. 2d 384, 390 (1967).

11
Mineral Resources, Inc. v. Mahnomen Construction Co.green
minn · 1971 · cited in 1 Minnesota opinions naming this issue, 1973–1973
2 sentences

1973This court has similarly held that “we are not inclined to give shelter under Rules of Civil Procedure, Rule 51, where counsel by failure to object have tacitly agreed to the instructions of the court.” Mineral Resources, Inc. v. Mahnomen Const. Co. 289 Minn. 412, 418 , 184 N. W. 2d 780, 784 (1971), citing Knutson v. Arrigoni Brothers Co. 275 Minn. 408, 415 , 147 N. W. 2d 561, 566 (1966), and Hemming v. Ald, Inc. 279 Minn. 38, 46 , 155 N. W. 2d 384, 390 (1967).

1973This court has similarly held that “we are not inclined to give shelter under Rules of Civil Procedure, Rule 51, where counsel by failure to object have tacitly agreed to the instructions of the court.” Mineral Resources, Inc. v. Mahnomen Const. Co. 289 Minn. 412, 418 , 184 N. W. 2d 780, 784 (1971), citing Knutson v. Arrigoni Brothers Co. 275 Minn. 408, 415 , 147 N. W. 2d 561, 566 (1966), and Hemming v. Ald, Inc. 279 Minn. 38, 46 , 155 N. W. 2d 384, 390 (1967).

11
Hemming v. Ald, Inc.green
minn · 1967 · cited in 1 Minnesota opinions naming this issue, 1973–1973
2 sentences

1973This court has similarly held that “we are not inclined to give shelter under Rules of Civil Procedure, Rule 51, where counsel by failure to object have tacitly agreed to the instructions of the court.” Mineral Resources, Inc. v. Mahnomen Const. Co. 289 Minn. 412, 418 , 184 N. W. 2d 780, 784 (1971), citing Knutson v. Arrigoni Brothers Co. 275 Minn. 408, 415 , 147 N. W. 2d 561, 566 (1966), and Hemming v. Ald, Inc. 279 Minn. 38, 46 , 155 N. W. 2d 384, 390 (1967).

1973This court has similarly held that “we are not inclined to give shelter under Rules of Civil Procedure, Rule 51, where counsel by failure to object have tacitly agreed to the instructions of the court.” Mineral Resources, Inc. v. Mahnomen Const. Co. 289 Minn. 412, 418 , 184 N. W. 2d 780, 784 (1971), citing Knutson v. Arrigoni Brothers Co. 275 Minn. 408, 415 , 147 N. W. 2d 561, 566 (1966), and Hemming v. Ald, Inc. 279 Minn. 38, 46 , 155 N. W. 2d 384, 390 (1967).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
United States v. Park green
scotus · 1975
2 sentences

1992Park, 421 U.S. at 673-74 , 95 S.Ct. at 1912 ; see Dotterweich, 320 U.S. at 284 , 64 S.Ct. at 138 (offense is committed by all who “have such a responsible share in the furtherance of the transaction which the statute outlaws”).

1992Park, 421 U.S. at 673-74 , 95 S.Ct. at 1912 ; see Dotterweich, 320 U.S. at 284 , 64 S.Ct. at 138 (offense is committed by all who “have such a responsible share in the furtherance of the transaction which the statute outlaws”).

21992–1992
Nichols, Shepard & Co. v. Wadsworth neutral
minn · 1889
2 sentences

1942The jury's division on the question of forgery was equivalent to a finding against contestant, who had the burden of proof, Nichols, Shepard Co. v. Wadsworth, 40 Minn. 547 , 42 N.W. 541 ; Wanke v. Kreul, 225 Wis. 618 , 275 N.W. 361 ; but a finding in favor of proponent on that issue was not conclusive as to the validity of the will.

1942The jury's division on the question of forgery was equivalent to a finding against contestant, who had the burden of proof, Nichols, Shepard Co. v. Wadsworth, 40 Minn. 547 , 42 N.W. 541 ; Wanke v. Kreul, 225 Wis. 618 , 275 N.W. 361 ; but a finding in favor of proponent on that issue was not conclusive as to the validity of the will.

21942–1942
Wanke v. Kreul neutral
wis · 1937
2 sentences

1942The jury's division on the question of forgery was equivalent to a finding against contestant, who had the burden of proof, Nichols, Shepard Co. v. Wadsworth, 40 Minn. 547 , 42 N.W. 541 ; Wanke v. Kreul, 225 Wis. 618 , 275 N.W. 361 ; but a finding in favor of proponent on that issue was not conclusive as to the validity of the will.

1942The jury's division on the question of forgery was equivalent to a finding against contestant, who had the burden of proof, Nichols, Shepard Co. v. Wadsworth, 40 Minn. 547 , 42 N.W. 541 ; Wanke v. Kreul, 225 Wis. 618 , 275 N.W. 361 ; but a finding in favor of proponent on that issue was not conclusive as to the validity of the will.

21942–1942
Berreman v. West Publishing Co. green
minnctapp · 2000
1 sentence

2011Moreover, in Berre-man, the court of appeals did not undertake to define the scope of common law close corporation fiduciary duty, deciding only that majority shareholders have a duty to deal “openly, honestly, and fairly with other shareholders.” Berreman, 615 N.W.2d at 371 (citing Pedro v. Pedro, 489 N.W.2d 798, 801 (Minn.App.1992)).

12011–2011
Matter of Dougherty green
minnctapp · 1992
1 sentence

1997In re Dougherty, 482 N.W.2d 485 , 489-90 (Minn.App.1992), review denied (Minn. June 10,1992).

11997–1997
General Electric Co. v. Anchor Casualty Co. green
minn · 1958
2 sentences

1990Id. at 311-13 , 87 N.W.2d at 644-45 .

1990Id. at 311-13 , 87 N.W.2d at 644-45 .

11990–1990
Jones v. Cunningham green
scotus · 1963
2 sentences

1965It was recently held in Jones v. Cunningham, 371 U. S. 236 , 83 S. Ct. 373 , 9 L. ed. (2d) 285, 92 A. L.

1965It was recently held in Jones v. Cunningham, 371 U. S. 236 , 83 S. Ct. 373 , 9 L. ed. (2d) 285, 92 A. L.

11965–1965
Fay v. Noia red
scotus · 1963
2 sentences

1965If, as suggested in Fay v. Noia, 372 U. S. 391, 427 , 83 S. Ct. 822, 843 , 9 L. ed. (2d) 837, 862, “custody,” broadly construed, is to be equated with “restraint of liberty,” petitioner is at least in as favorable a position to challenge the basis for claimed illegal restraint as one who, while on parole, is permitted to collaterally attack his conviction.

1965If, as suggested in Fay v. Noia, 372 U. S. 391, 427 , 83 S. Ct. 822, 843 , 9 L. ed. (2d) 837, 862, “custody,” broadly construed, is to be equated with “restraint of liberty,” petitioner is at least in as favorable a position to challenge the basis for claimed illegal restraint as one who, while on parole, is permitted to collaterally attack his conviction.

11965–1965
Beaton v. Great Northern Railway Co. green
minn · 1913
1 sentence

1940We believe that the case is controlled by the decision of this court in Henry v. White, 123 Minn. 182 , 143 N. W. 324, 325 , L.

11940–1940
Henry v. White green
minn · 1913
1 sentence

1940We believe that the case is controlled by the decision of this court in Henry v. White, 123 Minn. 182 , 143 N. W. 324, 325 , L.

11940–1940
Peach v. Reed green
minn · 1902
2 sentences

1936Defendants in their reply brief have cited authorities to that effect, as, for instance, Peach v. Reed, 87 Minn. 375 , 92 N. W. 229 .

1936Defendants in their reply brief have cited authorities to that effect, as, for instance, Peach v. Reed, 87 Minn. 375 , 92 N. W. 229 .

11936–1936
Continental Wall Paper Co. v. Louis Voight & Sons Co. green
scotus · 1909
2 sentences

1934The trial court took the position that the doctrine of Continental Wall Paper Co. v. Voight & Sons Co. 212 U. S. 227 , 29 S. Ct. 280 , 53 L. ed. 486, applied; and, the whole contract being illegal on the ground of public policy, no rights thereunder could be enforced by the courts although defendant may have received something under the contract.

1934The trial court took the position that the doctrine of Continental Wall Paper Co. v. Voight & Sons Co. 212 U. S. 227 , 29 S. Ct. 280 , 53 L. ed. 486, applied; and, the whole contract being illegal on the ground of public policy, no rights thereunder could be enforced by the courts although defendant may have received something under the contract.

11934–1934
Radichel v. Federal Surety Co. green
minn · 1927
2 sentences

1934The sureties on the official bond in that case having, as far as appears, paid nothing, were not in a position to claim subrogation, and, as held in Radichel v. Federal Surety Co. 170 Minn. 92 , 212 N. W. 171 , had no right to direct how payments should be applied.

1934The sureties on the official bond in that case having, as far as appears, paid nothing, were not in a position to claim subrogation, and, as held in Radichel v. Federal Surety Co. 170 Minn. 92 , 212 N. W. 171 , had no right to direct how payments should be applied.

11934–1934
Macomber v. Kinney green
minn · 1910
2 sentences

1929An “estoppel can be invoked only by the innocent.” Macomber v. Kinney, 114 Minn. 146, 154 , 128 N. W. 1001 , 130 N. W. 851 .

1929An “estoppel can be invoked only by the innocent.” Macomber v. Kinney, 114 Minn. 146, 154 , 128 N. W. 1001 , 130 N. W. 851 .

11929–1929
Cochran v. Toher green
minn · 1869
1 sentence

1872Toher, 14 Minn. 385 ,) a position with which the instruction above quoted is entirely at variance.

11872–1872

Statutes the citing opinions construe

MN § Minn. Stat. § 116.072 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 109 (1870–2026) CA 96 (1872–2025) TX 86 (1901–2026) NY 74 (1851–2025) LA 54 (1916–2024) MI 41 (1889–2025) PA 39 (1884–2023) AZ 29 (1917–2025) WA 28 (1893–2025) MD 27 (1847–2025) NC 24 (1906–2019) IN 24 (1891–2015) FL 24 (1908–2023) OH 22 (1886–2026) CT 21 (1934–2020) MO 19 (1903–2021) UT 19 (1939–2025) MN 19 (1872–2011) AL 19 (1848–2014) IA 17 (1881–2026) NJ 16 (1871–2020) MA 16 (1921–2013) KS 14 (1882–2026) WI 14 (1871–2026) OK 14 (1915–2007) KY 13 (1916–2008) OR 13 (1903–2022) TN 12 (1927–2022) GA 11 (1913–2024) VA 11 (1928–2024) NE 10 (1943–2024) WV 10 (1900–2024) AR 9 (1887–2019) DC 9 (1953–2014) MS 9 (1935–2021) ND 8 (1903–2025) NV 8 (2018–2022) VT 7 (1906–2014) NM 7 (1924–2016) ID 7 (1910–2001) CO 6 (1897–1991) ME 6 (1937–2024) SD 6 (1892–1990) HI 6 (1959–2014) NH 6 (1957–2026) RI 5 (1932–2017) WY 5 (1973–2023) MT 5 (1978–2017) DE 4 (1986–2024) AK 4 (1989–2026) SC 4 (1907–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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