Case law

State Tax Commission v. General Trading Co.

233 Iowa 877 · Supreme Court of Iowa · Jul 27, 1943

The fact that respondent could not be reached for the tax if it were not qualified to do business in Iowa would merely be a result of the ‘impotence of state power.’ Wisconsin v. J. C. Penney Co., supra [ 311 U. … A precedent has been established which we are bound to follow. The trial court was right in so doing. The judgment must be, and it is, — Affirmed.

In The Interest Of A.w. And S.w., Minor Children, Woodbury County Attorney And A.w. And S.w., Minor Children Vs. Iowa

741 N.W.2d 793 · Supreme Court of Iowa · Nov 30, 2007

The federal ICWA clearly invokes the federal government’s trust authority as its basis. 25 U.S.C. § 1901(1), (2). … Ed. 2d 1094 (federally granted tax immunity); McClanahan v. Arizona State Tax Comm’n, 411 U.S. 164, 93 S. Ct. 1257, 36 L. Ed. 2d 129 (1973) (same); Morton, 417 U.S. 535, 94 S. Ct. 2474, 41 L.

Hedges v. Conder

166 N.W.2d 844 · Supreme Court of Iowa · Apr 8, 1969

Establishment of these facts constitutes substantial evidence of plaintiff’s negligence. … Expert testimony is not admissible unless the witness is shown to be qualified and the facts upon which he bases his opinion are sufficient to enable a witness so qualified to express an opinion which is more than a mere

State v. Bonjour

694 N.W.2d 511 · Supreme Court of Iowa · Feb 11, 2005

At the hearing,'Bonjour testified that he is in his sixties and suffers from Acquired Immune Deficiency Syndrome (AIDS). His physician, Dr. … What it has done, however, is to clearly and deliberately decide what the procedure shall be for making that determination.

In the Interest of A.M., Minor Child. Heather Thomas, Subpoenaed Witness

856 N.W.2d 365 · Supreme Court of Iowa · Nov 21, 2014

She is not thinking clearly. … The protection of children is one of the most well-established duties and public policies of the State of Iowa.

Schultz v. Board of Adjust. of Pottawattamie Co.

258 Iowa 804 · Supreme Court of Iowa · Jan 11, 1966

clearly arbitrary, the judgment of the local authorities, will not be. disturbed by the courts. … Clearly section 29 of the ordinance specifically permits conditional use of land in a general manufacturing district for garbage, offal or dead animal reduction or dumping. A sanitary landfill so qualifies.

Bates v. Madison County Savings Bank

222 Iowa 370 · Supreme Court of Iowa · Oct 20, 1936

Under this state of facts we think it clearly appears: 1. … However, presumptions disappear in the face of established facts.

Sanford v. Goodridge

234 Iowa 1036 · Supreme Court of Iowa · Feb 10, 1944

Clearly the contract, standing alone, leaves the question of Goodridge’s independence unanswered. What did the parties to the contract intend? … Some of the clauses in the contract would be evidence that tended to establish Goodridge’s independence. As we have seen, the arbitrary cancellation clause would be evidence tending to establish Goodridge’s dependence.

State v. Wedelstedt

263 N.W.2d 894 · Supreme Court of Iowa · Mar 22, 1978

We note “ * * * [t]o establish concealing of stolen property the State need not prove actual hiding or secreting of the goods. … The jury was clearly entitled to find the government never came into possession of the goods at the critical time as a result of Meade’s involvement.

Watson v. Charlton

243 Iowa 80 · Supreme Court of Iowa · Dec 13, 1951

All of this resulted in wide publicity and brought about a situation in which it was difficult to obtain qualified jurors. … Under the situation existing in the case then being tried, finding a sufficient number of qualified jurors was a serious, although not unsolvable, problem.

State ex rel. Wirth v. Wald

184 Iowa 51 · Supreme Court of Iowa · Mar 18, 1918

The portion of the several subdistricts omitted from the consolidated district is, for the purpose of more clearly presenting the situation, denominated on the plat, “Disputed territory.” … It is our conclusion, therefore, that the Gilbert Consolidated Independent School Corporation was legally organized; that the defendants are the legally elected and qualified officers thereof; and that the so-called disputed

State v. Dykers

239 N.W.2d 855 · Supreme Court of Iowa · Mar 17, 1976

It shall be presumed that any employee or technician of the criminalistics laboratory is qualified or possesses the required expertise to accomplish any analysis, comparison, or identification done by him in the course of … To establish concealment, the State need not show actual hiding or secreting of the property.

Marcus v. Young

538 N.W.2d 285 · Supreme Court of Iowa · Sep 20, 1995

See Iowa Admin.Code r. 681-17.13(22)(d), (m). *290 Clearly, the plaintiff in this ease would qualify as a person adversely affected by dissemination of the records at issue. … We believe that, had the legislature intended to create a private right of action ... it would have said so clearly.” Id.

State v. Rees

258 Iowa 813 · Supreme Court of Iowa · Jan 11, 1966

So, on the one hand we are confronted with a bar to unreasonable searches, and on the other, a qualified right to enter for health, safety and welfare inspections. II. … Clearly and unmistakably, Mapp said there is a constitutional ban upon unreasonable searches and seizures.

Friend & Co. v. Beebe

3 Greene 279 · Supreme Court of Iowa · Jun 15, 1851

Clearly, if the substance of this agreement by parole had been to expose a fraud, or had been to show mistake, it would be admissible in evidence. … If a solemnly written agreement may be waived and *284 proof of that waiver he made in parole, certainly a mere indorsement of assignment on a note may be qualified by the express agreement in parole of the parties at the

Cowan v. Allamakee County Benevolent Society

232 Iowa 1387 · Supreme Court of Iowa · Mar 16, 1943

We shall, however, treat the case as it was treated by both parties and the trial court and proceed as if the association was in fact qualified to conduct the business it assumed to carry on. Stella Cowan, wife of J. D. … The parties clearly had no such purpose. It was a device for continuing the membership already existing. That being true, the cancer clause in the policy had no application. IY.

Wicks v. Iowa State Highway Commission

254 Iowa 998 · Supreme Court of Iowa · Feb 12, 1963

Pearson, called as witness on behalf of defendants, qualified as an experienced real-estate broker, and gave his opinion as to valuation before and after condemnation. … Whiting, called as a witness on behalf of the defendants, qualified as an experienced real-estate appraiser. He appraised the property by three different methods.

Hartley v. Keokuk & Northwestern Railway Co.

85 Iowa 455 · Supreme Court of Iowa · May 23, 1892

Locke, 70 Iowa, 49 , it was said that no defense under the statute of limitations can be interposed in proceedings to establish the boundaries and corners of land. … The furthest courts have gone is to allow witnesses otherwise properly qualified to give opinions as to the value of property. * * * No extension of the rule is allowable.

Nash v. State

2 Greene 286 · Supreme Court of Iowa · Jun 15, 1849

The jury was impanneled and qualified, the parties heard and the prisoner found guilty oí manslaughter. … In the formation of the criminal code of our state, one of the first things attempted was the establishment of such a system, as would be consistent with the spirit of the time, in which we assumed civil organization.

State of Iowa v. Nathan Daniel Olsen

848 N.W.2d 363 · Supreme Court of Iowa · Jun 20, 2014

We have held, for instance, that whether a predicate felony from another state qualifies under Iowa Code section 724.26 depends upon whether that state’s punishment qualifies as a felony under Iowa’s statutory definition … In Menard , the Rhode Island Supreme Court held that its felon-in-possession statute clearly required the application of Rhode Island law in interpreting which out-of-state convictions qualified as predicate offenses.