Case law

State v. Kramer

231 N.W.2d 874 · Supreme Court of Iowa · Jul 31, 1975

Although there was no search conducted by the officer here, this fact does not immunize his actions from constitutional challenge. … Did trial court err by instructing the jury a criminalistics laboratory employee is presumed qualified and any report by such employee has the same force and effect as if testified to in person ?

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.

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.

First State Bank v. Oelke

149 Iowa 662 · Supreme Court of Iowa · Dec 17, 1910

Oelke was later appointed receiver of said bank and duly qualified. The People’s Savings Bank of St. Benedict, G. W. Mason & Co., S. B. … The judgment establishing preference in favor of the appellees herein is therefore reversed.

Fetters Ex Rel. Fetters v. City of Des Moines

260 Iowa 490 · Supreme Court of Iowa · Apr 4, 1967

Determining as we do, defendant-city stood in the position of a qualified owner and occupant of the playground at the time here concerned, we turn now to the matter of its attendant duties and responsibilities. … Section 368.30, Code, 1962, authorizes cities and towns to establish, purchase, maintain and regulate the use of parks and playgrounds.

Catholic Charities of the Diocese of Sioux City v. Staab's Estate

173 N.W.2d 866 · Supreme Court of Iowa · Jan 13, 1970

Barbara’s Wing, had been established, having for its purpose the care of disturbed teenage girls, the same function which had been performed by Good Shepherd’s Home while it was in existence. … Monica’s Home serving its present purpose qualifies as a devisee.

Sarah Kingsbury v. Second Injury Fund of Iowa

Supreme Court of Iowa · Apr 24, 2026

First, it argued that Kingsbury could not establish a second qualifying loss to prove her entitlement to Fund benefits because she admitted in the settlement that the extent of her permanent disability from the second … qualifying loss was disputed.

Gail Bierman and Beth Weier v. Scott Weier and Author Solutions, Inc.

826 N.W.2d 436 · Supreme Court of Iowa · Jan 18, 2013

It applied the longstanding defense of qualified privilege to statements made by an alderman at a city council meeting. Id. at 119 . … Other statements that are the subject of the lawsuit clearly refer to Scott’s “ex” or “ex-wife.”

First National Bank in Cedar Falls v. Clay

231 Iowa 703 · Supreme Court of Iowa · Feb 10, 1942

Respecting proposition (2), the record clearly sustains the answer of the defendant that the bank and its officers and Mr. … The burden was upon the appellant not alone to show a mistake, but to also establish that if the mistake had not been made the result would have been different. It has failed in this.

Co-Operative Sales Co. v. Van Der Beek

219 Iowa 974 · Supreme Court of Iowa · Mar 5, 1935

Ordinarily the issue lies upon .the plaintiff, and the onus probandi is on him to establish what he affirms. … The burden of proof is upon the defendant to establish, in a like manner, that the continuance granted in the cause of Balcar v.

Rummel v. Zeigler

225 Iowa 613 · Supreme Court of Iowa · Aug 5, 1938

Rummel was duly appointed and qualified as administrator of the estate of Bertha Zeigler, who died intestate, and he commenced this action to set aside the deed to the 80 acres, alleging that said conveyance was fraudulent … A man cannot create a spendthrift trust in his own favor.’ ” And so in the case at bar this record clearly shows that the agreement to be performed in the future, to wit, the payment of the burial and medical bills, had been

Des Moines Area Regional Transit Authority and United Heartland v. Arbreina Young

867 N.W.2d 839 · Supreme Court of Iowa · Jun 5, 2015

On the other hand, if discretion has not been clearly vested, “then the court must disregard any interpretation by the agency that it finds erroneous.” Evercom Sys., Inc. v. Iowa Utils. … Stoken’s IME report did not qualify for reimbursement under Iowa Code section 85.39 because it was premature.

Sylvester v. Ammons

126 Iowa 140 · Supreme Court of Iowa · Dec 16, 1904

. • . . ' ° To establish this, it was shown that after the stock was replevined Townsend caused another invoice to be taken by O. E. Petty and L. G. … True,' they had not estimated each article separately, nor was this essential in order to qualify them to form a judgment as to the entire stock.

State v. Newell

710 N.W.2d 6 · Supreme Court of Iowa · Feb 10, 2006

“[W]e find an abuse of that discretion only when a party claiming it shows the discretion was exercised on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” State v. … Contrary to the defendant’s assertion, Taylor was sufficiently qualified in the area of his testimony.

Mason City v. Aeling

209 N.W.2d 8 · Supreme Court of Iowa · Jul 3, 1973

Commensurate with Code section 362.26(3) as then in effect, only those qualified voters residing within the city limits were afforded the right to vote on the annexation. … Such compliance is amply established by the record before us. No reversible error has been shown. The judgment and decree of the trial court is affirmed.

State of Iowa v. Beau Jackson Morris

858 N.W.2d 11 · Supreme Court of Iowa · Jan 9, 2015

“ ‘Abuse of discretion may be shown where . . . the court’s . . . decision is grounded on reasons that are clearly untenable or unreasonable.’ ” Office of Citizens’ Aide/Ombudsman v. … Generally, this program joined private industry with prison industry by exempting qualified correctional systems from the existing legislative restrictions on the interstate transportation and sale of prison goods and

Nugent v. Dittel

213 Iowa 671 · Supreme Court of Iowa · Dec 16, 1931

Prior to the trial, the plaintiff Minna Nugent died, and on March 27, 1929, Eobert Nugent duly qualified as the executor of the estate of Minna Nugent, deceased, and was subsequently substituted as plaintiff in said cause … The wisdom of the legislature in the enactment of the statutory provision above quoted is clearly demonstrated under the facts of the instant case. See Hart v. Hart, 181 Iowa 527 , l. c. 530; Peck v.

Beidler v. Dehner

178 Iowa 1338 · Supreme Court of Iowa · Jan 20, 1917

reference to our cases above cited, that we have refused to recognize the authority of those precedents, and given our adhesion to the more just and reasonable rule that no lawful trust will be invalidated for want of a clearly … the curates as trustees is made too uncertain, because an individual cux’ate holding the named .position may die or be removed after the will becomes effective by death of the testator, in which case there would be no one qualified

Northwestern National Bank of Sioux City v. Metro Center, Inc.

303 N.W.2d 395 · Supreme Court of Iowa · Apr 9, 1981

Upon our examination of the record, we conclude the requisite elements were not established. … The bank makes no claim of fraud, and there is no evidence that the corporation was established for such a purpose; to the contrary, the corporation was apparently established, pursuant to redevelopment regulations, to be

Chicago & Northwestern Railway Co. v. Board of Supervisors

182 Iowa 60 · Supreme Court of Iowa · May 5, 1916

The question presented is not a new one, but we think it clearly, demonstrable that the argument in support of the objections misapprehends the force and effect of the statute, as well as of our previous decisions thereon … , it is either clearly dictum or the question has not been contested by counsel.