Cited by

Opinions in Minnesota that cite Phelps v. Benson, 90 N.W.2d 533.

30 citing documents.

State of Minnesota, Respondent, vs. Edgard Francisco Talave Latino, Appellant Minn. 2025
State of Minnesota, Respondent, vs. Edgard Francisco Talave Latino, Appellant Minn. 2025
“The judicial function of interpretation should be to so construe the act as to suppress the mischief and advance the remedy according to the true intent of the legislature as near as that can be determined.” (footnote omitted).
James L. Lang, et al., Appellants, Minn. Ct. App. 2023
see JEM Acres, d 77, 81 (Minn. App. 2009) (citing Phelps to conclude that a party’s standing to sue was established despite a lack of documentary evidence because the other party’s pleading admitted the facts demonstrating standing).
James L. Lang, Appellant, Minn. Ct. App. 2022
Phelps v. Benson , ; JEM Acres, LLC v. Bruno , (citing Phelps to conclude that a party’s standing to sue was establ ished despite the lack of documentary evidence because the other party’s 2 The district court made that finding when dismissing Lang’s 2018 claims against other n
Ren Xu, et al., Appellants, Minn. Ct. App. 2019
-48 (Minn. 1958); see also LaSalle Cartage Co. v. Johnson Bros. Wholesale Liquor Co. , 6-37 (Minn. 1974).
Franz J. Metzger, Appellant, Minn. Ct. App. 2019
Bret Hedrington v. American Standard Insurance Company of Wisconsin Minn. Ct. App. 2016
Bret Hedrington v. American Standard Insurance Company of Wisconsin Minn. Ct. App. 2016
Phelps v. Benson, 252 Minn. 457, 457, 476, 546 (1958).
JEM ACRES, LLC v. Bruno 764 N.W.2d 77 Minn. Ct. App. 2009
JEM ACRES, LLC v. Bruno 764 N.W.2d 77 Minn. Ct. App. 2009
“Where a fact is admitted in the pleadings, the admission stands in the place of evidence.” Phelps v. Benson, 252 Minn. 457, 480
Meyer v. Best Western Seville Plaza Hotel 562 N.W.2d 690 Minn. Ct. App. 1997
Meyer v. Best Western Seville Plaza Hotel 562 N.W.2d 690 Minn. Ct. App. 1997
See Phelps v. Benson, 252 Minn. 457, 470 , (noting that gratuitously means without compensation); (holding that employee’s vacation benefits are form of compensation for services rendered and are not gratuity).
Harry N. Ray, Ltd. v. First National Bank of Pine City 410 N.W.2d 850 Minn. Ct. App. 1987
Harry N. Ray, Ltd. v. First National Bank of Pine City 410 N.W.2d 850 Minn. Ct. App. 1987
“The mere failure to object to one question which was contrary to the theory on which plaintiff commenced that case, without more, can hardly be considered as an implied consent to litigate that question.” Phelps v. Benson, 252 Minn. 457, 478
Milkovich v. Saari 203 N.W.2d 408 Minn. 1973
Milkovich v. Saari 203 N.W.2d 408 Minn. 1973
Minnesota had followed the doctrine of lex loci as recently as our decision in Phelps v. Benson, 252 Minn. 457 , where we reiterated our adherence to that doctrine.
Allen v. Gannaway 199 N.W.2d 424 Minn. 1972
Allen v. Gannaway 199 N.W.2d 424 Minn. 1972
Phelps v. Benson, 252 Minn. 457 , applied the lex loci delicti theory of conflicts formerly followed by this court.
Olson v. Hartwig 180 N.W.2d 870 Minn. 1970
Olson v. Hartwig 180 N.W.2d 870 Minn. 1970
2 Minnesota Baptist Convention v. Pillsbury Academy, 246 Minn. 46 , 74 N. W. (2d) 286 ; Phelps v. Benson, 252 Minn. 457 , 90 N. W. (2d) 533 .
Schneider v. Nichols 158 N.W.2d 254 Minn. 1968
Schneider v. Nichols 158 N.W.2d 254 Minn. 1968
The policy considerations behind the enactment of such laws are fully discussed in Phelps v. Benson, 252 Minn. 457, 461 , 90 N. W. (2d) 533, 536 .
Kopp v. Rechtzigel 141 N.W.2d 526 Minn. 1966
Kopp v. Rechtzigel 141 N.W.2d 526 Minn. 1966
The policy considerations behind the enactment of such laws are fully discussed in Phelps v. Benson, 252 Minn. 457, 461 , 90 N. W. (2d) 533, 536 .
Truesdale v. Friedman 132 N.W.2d 854 Minn. 1965
Truesdale v. Friedman 132 N.W.2d 854 Minn. 1965
In Phelps v. Benson, 252 Minn. 457, 476 , 90 N. W. (2d) 533, 546 , the court stated: “* * * Under our rules of practice, pleadings do not have the binding force they once had, but they are not meaningless.
Conner v. Dreyer 104 N.W.2d 838 Minn. 1960
Conner v. Dreyer 104 N.W.2d 838 Minn. 1960
See, Phelps v. Ben *403 son, 252 Minn. 457 , 90 N. W. (2d) 533 ; Fiske v. Wilkie, 67 Cal.
Gethsemane Lutheran Church v. Zacho 92 N.W.2d 905 Minn. 1958
Gethsemane Lutheran Church v. Zacho 92 N.W.2d 905 Minn. 1958
5 The case now before us differs from Phelps v. Benson, 252 Minn. 457 , 90 N. W. (2d) 533 , in that in the Phelps case nothing was done to apprise the court or adverse parties that the admissions in the pleadings and pretrial interrogatories had been abandoned.