Johnson v. Seifert
Supreme Court of Minnesota · 1960-01-08 · cited 37×
The case involved a dispute between owners of land abutting two small, non-navigable, unmeandered lakes in Minnesota, where the plaintiff sought to prevent the defendants from erecting a fence across the lakes and to establish rights to use the entire lake surfaces for recreation and other purposes. The trial court held that each owner had exclusive rights to the water overlying their portion of the privately owned lakebed and that the plaintiff could not access or use the defendants' portions. The Minnesota Supreme Court reversed in part, ruling that abutting riparian owners have the right to reasonable use of the entire surface of such lakes in common with other riparian owners, irrespective of bed ownership or navigability tests. The core reasoning was that established riparian rights doctrine grants common use of the whole lake for ordinary domestic and recreational purposes among adjacent owners, without requiring public access or state ownership of the bed.
property
State v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota · 1959-12-31 · cited 6×
The case concerned whether the defendant railroad owed Minnesota gross earnings taxes on amounts it collected from customers and paid to an independent trucking company, Spellacy Motor Cargo, for hauling less-than-carload freight under contract in 1954 and 1955. The state sued under statutes imposing a 5% tax on gross earnings in lieu of property taxes on railroad property, and the railroad argued that after Spellacy began operating under its own certificate and tariffs, those payments were no longer part of the railroad's taxable gross earnings because they derived from property neither owned nor operated by the railroad. The court affirmed judgment for the state, holding the railroad liable for the tax plus penalties. It reasoned that the tax applies to earnings derived from the operation of the railroad's line within the state, that the trucking arrangement was merely a method of fulfilling the railroad's shipping obligations to its own customers, and that the change in Spellacy's regulatory status did not alter the character of the earnings as part of the railroad's integrated operations.
taxesbusiness & regulatory
Donovan v. Dixon
Supreme Court of Minnesota · 1959-11-27 · cited 8×
The case concerned a transitory civil action filed in Todd County by a plaintiff against multiple defendants residing in different counties, seeking recovery for the allegedly negligent or illegal sale of insurance fund certificates, with the cause of action arising in Todd County. The defendants, appearing specially, demanded a change of venue to Hennepin County under M.S.A. 542.10 and sought mandamus to compel the trial court to grant it after the demand was not honored. The court held that in such actions, a majority of defendants residing in different counties have the right under § 542.10 to obtain a change of venue to a county of their selection as a matter of right, whether the action was commenced in a proper or improper county. This right was not limited or modified by the 1955 amendment to § 542.09, which merely expanded plaintiffs' venue options without altering defendants' statutory rights, consistent with prior precedent like Chadbourne v. Reed.
procedure
State Ex Rel. Hammond v. County of Hennepin
Supreme Court of Minnesota · 1959-11-20 · cited 4×
The case involved an appeal from the denial of a petition for a writ of coram nobis following a conviction for first-degree burglary after a jury trial. The appellant argued that facts showing it was physically impossible for him to have committed the burglary without the victim's assistance were unknown at trial and would have prevented the verdict. The court affirmed the denial, reasoning that the facts were known to the appellant at the time of trial and could have been presented then, and that no errors of law occurred that fell within the scope of the writ.
criminal lawprocedure
In Re Determining Settlement for Poor-Relief Purposes of Sonnenberg
Supreme Court of Minnesota · 1959-11-20 · cited 3×
This case involved a dispute among Minnesota counties over which one bore responsibility for the poor-relief settlement of a minor child born to an unmarried mother in Otter Tail County. The mother surrendered the newborn to a child-placement agency immediately after birth for eventual adoption, later married, and moved through several locations, eventually residing in Becker County when a dependency petition was filed. The trial court assigned settlement to Becker County, but the Minnesota Supreme Court reversed, holding that the mother's absolute surrender emancipated the child at birth so that his settlement remained fixed in Hobart Township, Otter Tail County, and was unaffected by the mother's later changes in residence or marital status. The court reasoned that the permanent severance of the parent-child relationship prevented the child's settlement from following the mother's and that temporary custody by an agency did not create a new settlement under the applicable statutes.
family law
In Re Stein to Register Title to Land
Supreme Court of Minnesota · 1959-11-06 · cited 4×
This case involved a petition by Harriette J. Stein to register title to land in the town of Spring Lake, Minnesota, which included an unopened portion of a street shown on an 1857 plat. The trial court granted registration except for the street area, and the Supreme Court affirmed that decision. The court reasoned that the plat constituted a valid statutory dedication of the street to public use, as defects in the plat were cured by subsequent legislation, and no formal acceptance by the town was required. Additionally, the petitioner could not claim title by adverse possession because a 1899 statute prohibited acquiring title to dedicated public ways through such means, and the period of possession before that law was insufficient.
property