Case law

Midwest Management Corp. v. Stephens

291 N.W.2d 896 · Supreme Court of Iowa · Apr 23, 1980

The record does not establish as a matter of law that SC&H’s involvement in securities trading was so limited. … An agreement will not be given an interpretation which places one party at the mercy of another unless the contract clearly requires that result. Freese v.

O'Dell v. O'Dell

238 Iowa 434 · Supreme Court of Iowa · Mar 11, 1947

established by the testimony of Mrs. … Those who are qualified to -make an antenuptial or other contract are likewise qualified, by mutual consent- to eliminate or modify any part thereof, or to unmake the contract altogether, or to substitute a new contract.

Petition of Bruce

522 N.W.2d 67 · Supreme Court of Iowa · Sep 21, 1994

If a blood or genetic test is required, the court shall direct that inherited characteristics, including but not limited to blood types, be determined by appropriate testing procedures, and shall appoint an expert qualified … Elizabeth is the biological mother and custodian of Ayla and therefore clearly has a liberty interest in raising her daughter.

Taylor v. Cook

14 Iowa 501 · Supreme Court of Iowa · Apr 8, 1863

There were other facts brought out in the testimony tending to establish the liability of all the defendants. … Hence we find the court in the conclusion of its charge using the following guarded and qualifying language: “It follows that if the only liability, for example, of Cook, Sargent. & Parker, or of J. M.

State v. Cooper

138 Iowa 516 · Supreme Court of Iowa · Jun 4, 1908

Giltner, a member of the bar, “ muck-raked everything in the practice ■ of the defendants for five or more years, but could establish nothing of a serious nature against them,” *518 schemed for the disbarment of snch attorneys … Libel perse: instruction. *519 These instructions were clearly erroneous. There was no ambiguity in the language justifying the submission to *520 the jury of the question whether it was libelous.

In Re Estate of Murdoch

238 Iowa 898 · Supreme Court of Iowa · Oct 14, 1947

Clearly, as to the Jasper County Savings Bank account, and fairly to be presumed as to the Newton National Bank account, the funds were derived from the funeral business. … The burden rests upon appellant to establish the existence of a contract. While there may be some question under the record as to whether the agreement was signed by appellant, the trial court found otherwise.

Amended July 21, 2015 Dolphin Residential Cooperative, Inc. v. Iowa City Board of Review

Supreme Court of Iowa · May 15, 2015

Chapter 499A clearly distinguishes between organizers, directors, and members, establishing different roles for each. … The legislature also clearly demonstrated its ability to differentiate between  33 these participants and established different rights and duties for each distinct class.

In Re Guardianship of Vogelpohl

243 Iowa 701 · Supreme Court of Iowa · May 6, 1952

Later discoveries and developments added confirmation to their soundness, and established beyond the possibility of a reasonable doubt the complete unfitness of Arthur H. … Claussen qualified and began the performance of his duties.

Park v. Best

176 Iowa 7 · Supreme Court of Iowa · Apr 10, 1916

also held that the certificates of deposit, being made payable in current funds, were non-negotiable, and that, defendant having endorsed them in blank, and having failed to show upon the trial that such endorsement was qualified … We may assume from the situation, though it is nowhere clearly stated, that this was the estimated amount of interest then accrued upon the certificates, and later, when it developed that the bank would not pay the interest

State v. Tillman

514 N.W.2d 105 · Supreme Court of Iowa · Mar 23, 1994

Plaster, 424 N.W.2d 226, 229 (Iowa 1988). *109 Clearly, the statement in question is relevant to the issue of consent. … However, during the jury’s deliberation, it sent a note to the court, which stated: Does the occupant have to be in her trailer at the time of entry to qualify Item # 2 on Instruction #38 or If anyone is in the structure

Phelps v. James

86 Iowa 398 · Supreme Court of Iowa · Oct 18, 1892

Chief Justice Dillon also clearly states the rule in Sweatland v. Ill. & Miss. Telegraph Co., 27 Iowa, 433 . … The general rule in argument is not controverted, *403 but it is urged that ‘ The declarations of an agent are admissible if they spring from the transaction and controversy, and to qualify, characterize, and explain it,

Board of Education v. Bremen Township Rural Independent School District

260 Iowa 400 · Supreme Court of Iowa · Feb 7, 1967

It obviously invaded the exclusive legislative authority to establish and reorganize school districts in this state. … That part of the court’s order was void and of no effect, was unnecessary to a decision in that ease, and was clearly an attempt to satisfy the litigants at that time.

Brown v. Burlington, Cedar Rapids & Northern Railway Co.

92 Iowa 408 · Supreme Court of Iowa · Oct 26, 1894

It is important to clearly understand the issues made in the case. … Those instructions were in no way qualified by the negligent character of the acts recited therein. 2 III.

Wallace v. Tinney

145 Iowa 478 · Supreme Court of Iowa · Oct 23, 1909

Of course, the fact of incompetency must be established; but in our opinion this may be done under the application for appointment, and need. hot precede the application. … Moreover, the probate court clearly had jurisdiction to appoint a guardian ’of the property of a nonresident lunatic or insane person.

Crouse v. Crouse

210 Iowa 508 · Supreme Court of Iowa · Mar 11, 1930

The receiver so appointed promptly qualified, and has ever since acted under the authority of such order, such receivership having been subsequently transferred to the present law action, and said equitable action dismissed … Clearly, therefore, no case of abuse of discretion is presented.

Loras College v. Iowa Civil Rights Commission

285 N.W.2d 143 · Supreme Court of Iowa · Nov 14, 1979

Schuster knew of the retirement policy and the benefit program Loras had established. Although he clearly had the opportunity to participate in the benefit program of the retirement plan, Dr. … The “retirement plan or benefit system” used by Loras clearly applied to Dr. Schus-ter.

Chismore v. Chismore

166 Iowa 217 · Supreme Court of Iowa · May 16, 1914

Chis-more, deceased, and qualified as such. On February 12, 1912, Clarissa A. Chismore Bider filed in the district court, in which said administration was pending, a claim against the estate of Chas. C. … As we have indicated, section 2730 (now 3640) clearly imposes on the plaintiff the burden of showing the genuineness of the signature of the decedent. The claim is denied without any pleading on the part of the estate.

Land O'Lakes, Inc. v. Hanig

610 N.W.2d 518 · Supreme Court of Iowa · Jun 1, 2000

Hanig is unable to execute any further contracts until the terms, conditions and specifications of the same are clearly spelled out, consistent with the original representations made when entering into those contracts. … When a party’s “assurances” constitute a repudiation, they cannot, as a matter of law, qualify as adequate assurances.

Bauer v. Stern Finance Company

169 N.W.2d 850 · Supreme Court of Iowa · Jul 24, 1969

Clearly plaintiff has violated the provisions of rule 237, particularly subdivision (e), which states a party "may not rest upon the mere allegations or denials of his pleading but * * * must set forth specific facts showing … That may at one time have been deemed proper, but in my humble opinion it is now clearly contrary to recent holdings in Gardner v. Broderick, 392 U.S. 273 , 88 S.

In Re the Marriage of Brown

776 N.W.2d 644 · Supreme Court of Iowa · Dec 18, 2009

It is well established that the divorce decree was therefore final and settled all rights and interests of the parties in the property of one another. Carr v. … Effect is to be given to that which is clearly implied as well as to that which is expressed.