operation rule (Minnesota) · Go Syfert
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operation rule in Minnesota

16 Minnesota opinions name it 3 courts 1877–2019 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 (2)

CaseFollowedCited
Schaeffer v. Stategreen
minnctapp · 1989 · cited in 1 Minnesota opinions naming this issue, 1997–1997
2 sentences

1997See, e.g., Rico v. State, 472 N.W.2d 100, 107 (Minn.1991) (noting that genuine issues of material fact preclude operation of official immunity to bar suit); Schaeffer v. State, 444 N.W.2d 876, 880-81 (Minn.App.1989) (holding that genuine issues of material fact on whether decisions were operational or planning in nature precluded summary judgment based on statutory immunity).

1997See, e.g., Rico v. State, 472 N.W.2d 100, 107 (Minn.1991) (noting that genuine issues of material fact preclude operation of official immunity to bar suit); Schaeffer v. State, 444 N.W.2d 876, 880-81 (Minn.App.1989) (holding that genuine issues of material fact on whether decisions were operational or planning in nature precluded summary judgment based on statutory immunity).

11
Rico v. Stategreen
minn · 1991 · cited in 1 Minnesota opinions naming this issue, 1997–1997
2 sentences

1997See, e.g., Rico v. State, 472 N.W.2d 100, 107 (Minn.1991) (noting that genuine issues of material fact preclude operation of official immunity to bar suit); Schaeffer v. State, 444 N.W.2d 876, 880-81 (Minn.App.1989) (holding that genuine issues of material fact on whether decisions were operational or planning in nature precluded summary judgment based on statutory immunity).

1997See, e.g., Rico v. State, 472 N.W.2d 100, 107 (Minn.1991) (noting that genuine issues of material fact preclude operation of official immunity to bar suit); Schaeffer v. State, 444 N.W.2d 876, 880-81 (Minn.App.1989) (holding that genuine issues of material fact on whether decisions were operational or planning in nature precluded summary judgment based on statutory immunity).

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 (14)

CaseCitedYears
Williamson v. United States green
· 1908
2 sentences

2014In Williamson v. United States, 207 U.S. 425 (1908), the Supreme Court held that the phrase "treason, felony and breach of the peace" in the U.S. Constitution "excepts from the operation of the privilege all criminal offenses." Williamson, 207 U.S. at 446 .

2014In Williamson v. United States, 207 U.S. 425 (1908), the Supreme Court held that the phrase "treason, felony and breach of the peace" in the U.S. Constitution "excepts from the operation of the privilege all criminal offenses." Williamson, 207 U.S. at 446 .

22014–2014
O'Leary v. Wangensteen green
minn · 1928
2 sentences

1935That they are interested Avould not prevent the operation of the rule invoked by defendant, O’Leary v. Wangensteen, 175 Minn. 368 , 221 N. W. 430 ; but that circumstance may Avell be considered Avith others Avhich we find present here tending to impeach their testimony and Avhich Ave think prevent the operation of the rule invoked.

1935That they are interested Avould not prevent the operation of the rule invoked by defendant, O’Leary v. Wangensteen, 175 Minn. 368 , 221 N. W. 430 ; but that circumstance may Avell be considered Avith others Avhich we find present here tending to impeach their testimony and Avhich Ave think prevent the operation of the rule invoked.

21930–1935
Borchert v. Maloney green
minn · 1998
1 sentence

2019The 2008 advisory committee comment also states that "[t]he overarching goal of this set of amendments is to add certainty to the operation of the rule and to remove surprises both to parties making offers and those receiving and deciding whether to accept them." Id.

12019–2019
Olmanson v. LeSueur County green
minn · 2005
1 sentence

2014The operation of the exception in subdivision 1(d) is illustrated by Olmanson , a case in which a country club improved its property by installing a culvert under a county road to allow golfers to drive golf carts between two parts of a golf course. 693 N.W.2d at 878 .

12014–2014
Cumberland Glass Manufacturing Co. v. De Witt & Co. green
scotus · 1915
1 sentence

1984Id. at 455, 35 S.Ct. at 639 (citing New York County Nat.

11984–1984
Lindley v. Groff neutral
minn · 1887
2 sentences

1935The operation of that rule is illustrated by Lindley v. Groff, 37 Minn. 338 , 34 N. W. 26 (followed in Tharaldson v. Everts, 87 Minn. 168 , 91 N. W. 467 ), Avhere the claim was that the death of the grantee under an escrow agreement terminated the rights of the parties.

1935The operation of that rule is illustrated by Lindley v. Groff, 37 Minn. 338 , 34 N. W. 26 (followed in Tharaldson v. Everts, 87 Minn. 168 , 91 N. W. 467 ), Avhere the claim was that the death of the grantee under an escrow agreement terminated the rights of the parties.

11935–1935
Tharaldson v. Everts green
minn · 1902
2 sentences

1935The operation of that rule is illustrated by Lindley v. Groff, 37 Minn. 338 , 34 N. W. 26 (followed in Tharaldson v. Everts, 87 Minn. 168 , 91 N. W. 467 ), Avhere the claim was that the death of the grantee under an escrow agreement terminated the rights of the parties.

1935The operation of that rule is illustrated by Lindley v. Groff, 37 Minn. 338 , 34 N. W. 26 (followed in Tharaldson v. Everts, 87 Minn. 168 , 91 N. W. 467 ), Avhere the claim was that the death of the grantee under an escrow agreement terminated the rights of the parties.

11935–1935
Estate of Harrington v. Kelly green
cal · 1905
2 sentences

1934A. 680, 685, it is said: “So far as the parties to the application for letters of administration are concerned the judgment of the court finally determines the relationship of the applicant to the deceased.” The operation of the rule is illustrated in Estate of Harrington, 147 Cal. 124 , 81 P. 546 , 109 A. S. R. 118.

1934A. 680, 685, it is said: “So far as the parties to the application for letters of administration are concerned the judgment of the court finally determines the relationship of the applicant to the deceased.” The operation of the rule is illustrated in Estate of Harrington, 147 Cal. 124 , 81 P. 546 , 109 A. S. R. 118.

11934–1934
Cash v. Concordia Fire Insurance green
minn · 1910
2 sentences

1931Co. 111 Minn. 162 , 165 , 126 N.W. 524 , 525 .

1931Co. 111 Minn. 162 , 165 , 126 N.W. 524 , 525 .

11931–1931
Mo. Mutual Association v. Holland Banking Co. neutral
moctapp · 1927
2 sentences

1930The bank could not wrongfully mix the trust fund with its own unless by reason of the deposit it becomes a trustee, agent or bailee of that fund for the benefit of the cestui que trust,” etc. In the Holland Banking Co. case, 220 Mo. App. 1256 , 290 S. W. 100 , the bank did not become á trustee by virtue of the deposit so as to make the use thereof wrongful.

1930The bank could not wrongfully mix the trust fund with its own unless by reason of the deposit it becomes a trustee, agent or bailee of that fund for the benefit of the cestui que trust,” etc. In the Holland Banking Co. case, 220 Mo. App. 1256 , 290 S. W. 100 , the bank did not become á trustee by virtue of the deposit so as to make the use thereof wrongful.

11930–1930
Green v. National Advertising & Amusement Co. green
minn · 1917
2 sentences

1929Plaintiff attempts to bring this case within the operation of the rule of Green v. National A. & A. Co. 137 Minn. 65 , 162 N. W. 1056 , L.

1929Plaintiff attempts to bring this case within the operation of the rule of Green v. National A. & A. Co. 137 Minn. 65 , 162 N. W. 1056 , L.

11929–1929
Brown v. Levy neutral
texapp · 1902
1 sentence

1916So far as we are aware, the only decision, upon facts as here found, supporting plaintiff’s position is Brown v. Levy, 29 Tex. Civ.

11916–1916
Mack v. Proctor green
iowa · 1895
1 sentence

1907This statement was approved in Re Estate of Proctor, 95 Iowa, 172 , 63 N. W. 670 , with the remark that the court was not disposed to extend the operation of the rule, to cases not clearly within it.

11907–1907
Allen v. . Fox green
ny · 1873
1 sentence

1877Under such circumstances we shall not disturb the rule, notwithstanding the case of Allen v. Fox, 51 N. Y. 562 , furnishes some very cogent reasons going to show that the operation of the rule may sometimes be unjust.

11877–1877

Where else courts name it

CA 154 (1857–2025) NY 132 (1823–2024) PA 89 (1834–2020) IL 86 (1864–2023) TX 84 (1860–2024) AL 77 (1846–2018) NC 59 (1855–2025) CT 57 (1874–2022) FL 52 (1924–2021) MD 50 (1873–2023) MO 46 (1879–2003) IA 46 (1864–2018) IN 39 (1833–2020) NJ 37 (1903–2002) WA 37 (1890–2017) NE 37 (1883–2017) MA 31 (1894–2014) CO 29 (1890–2020) OK 26 (1896–2012) NM 24 (1924–2010) KS 23 (1888–2013) OR 23 (1900–2017) OH 22 (1907–2019) GA 21 (1909–2020) VA 21 (1874–2023) KY 20 (1883–1997) MI 19 (1851–2025) AR 18 (1915–2003) WV 16 (1907–2016) MN 16 (1877–2019) AZ 16 (1934–2008) WI 14 (1894–2020) MS 14 (1875–2014) WY 13 (1899–2019) TN 13 (1906–2014) LA 11 (1860–2010) UT 10 (1987–2024) DC 10 (1914–2019) DE 8 (1880–2016) MT 7 (1923–1999) RI 6 (1873–2004) ID 6 (1918–1997) SD 5 (1897–2022) ND 5 (1976–1996) NH 5 (1853–1994) AK 5 (1967–1983) NV 5 (1867–1936) SC 4 (1879–1969) ME 4 (1897–1983) HI 4 (1958–1987)

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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