Case law

Congower v. Equitable Mutual Life & Endowment Ass'n

94 Iowa 499 · Supreme Court of Iowa · May 15, 1895

We do not think the contract can be so interpreted as to make if an absolute promise to pay one thousand dollars as an endowment, without doing violence to nearly all the established tenets of construction. … These annotations were clearly not intended by either party to become part of the contract, and they are not so connected with it in sense as to become a part of it.

Bertrand v. Sioux City Grain Exchange

419 N.W.2d 402 · Supreme Court of Iowa · Feb 17, 1988

An interpretation of section 85.22(1) which would deprive an otherwise qualified dependent of benefits because of recovery which is unavailable to the dependent would conflict with the basic legislative plan. … First, legal liability of the third-party payor had not been established and second, the employer had “failed to establish the receipt of any part of the $2,500 by the” person entitled to receive workers’ compensation benefits

Matter of Guardianship of Stewart

369 N.W.2d 820 · Supreme Court of Iowa · Jun 19, 1985

The burden was on Larry and Helen Shepard to establish that the best interest of Angela required their [guardianship] of her be continued. … The evidence here clearly established that the guardianship was intended to be a temporary and not a permanent custodial arrangement.

The University of Iowa, Board of Regents, State of Iowa v. Modern Piping, Inc.

Supreme Court of Iowa · Apr 26, 2024

Injunctions § 498, at 544 (2014) (“[T]he two actions differ in the kind of wrong that must be shown to establish liability and in the amount of recovery.”). … Inc., 539 A.2d 1060, 1063 (Del. 1988) (“Because of the injunction issued by the District Court, Fleer was able to legally appropriate Topps’ property rights and market baseball trading cards, an action which would have clearly

The University of Iowa, Board of Regents, State of Iowa v. Modern Piping, Inc.

Supreme Court of Iowa · Apr 26, 2024

Injunctions § 498, at 544 (2014) (“[T]he two actions differ in the kind of wrong that must be shown to establish liability and in the amount of recovery.”). … Inc., 539 A.2d 1060, 1063 (Del. 1988) (“Because of the injunction issued by the District Court, Fleer was able to legally appropriate Topps’ property rights and market baseball trading cards, an action which would have clearly

Hyland v. Standiford

253 Iowa 294 · Supreme Court of Iowa · Oct 17, 1961

Standiford’s attorney, the draftsman of the will and the nominated executor, was appointed executor and qualified. Mr. Clovis was also appointed successor guardian for Mrs. Standiford. After Mr. … However, we cannot ignore plain and positive words and actions establishing property rights. A change in conditions does not act retrospectively in establishing an original intent.

Sias v. Van Alyea

244 Iowa 1209 · Supreme Court of Iowa · May 5, 1953

Waite alone qualified as executors, as the other two nominees predeceased the testator. On the petition of the widow, Mr. Sias and Mr. … Of the trustees *1220 nominated in tbe will who survived him and qualified, one was a Methodist banker and the other a Congregational lawyer.

State v. Bair

362 N.W.2d 509 · Supreme Court of Iowa · Feb 13, 1985

When the conduct of a defendant may establish the commission of more than one public offense arising out of the same transaction or occurrence, the defendant may be prosecuted for each of such offenses. … These events, the movement from bar to bar, the procurement of the automobile, and the trip to Fort Madison, are interrelated and might qualify as a “common scheme or plan” under rule 6(1) as later amended.

Landals v. George A. Rolfes Co.

454 N.W.2d 891 · Supreme Court of Iowa · Apr 18, 1990

In July of 1983, Landals was qualified for the job at Rolfes from which he was discharged. 2. Despite being qualified, Landals was laid off from his job at Rolfes and not recalled for employment. 3. … The legislature clearly does not consider the filing of a complaint with the commission to be the “commencement of an action.”

State v. Haines

360 N.W.2d 791 · Supreme Court of Iowa · Jan 16, 1985

Both the sentencing transcript and judgment entry clearly state the term of probation to be three years. B. … Without repeating the facts, it is clearly apparent that defendant does not have the funds or means to pay restitution.

Foley v. Cudahy Packing Co.

119 Iowa 246 · Supreme Court of Iowa · Jan 28, 1903

On April 25, 1898, letters of administration were granted upon his •estate to Mary Storsend, who qualified according to law. … “It is the general and well-established practice to allow considerable latitude in the examination of persons called to act as jurors, not only to facilitate the ■discovery of grounds for cause, but to enable the parties

State v. Sheridan

247 N.W.2d 232 · Supreme Court of Iowa · Nov 17, 1976

Kubby first on procedural grounds and then on grounds of insufficient evidence to establish probable cause. … The witness is not properly qualified. It constitutes hearsay.

Schroyer v. Jasper County

224 Iowa 1391 · Supreme Court of Iowa · Apr 5, 1938

Upon that phase of the controversy testimony of qualified experts was introduced. … same; and that patrolmen, in addition to duties in connection with repairing the roads, may enforce the provisions of law relating to travel on the primary roads of the county, and while on duty shall wear official badges clearly

Horizon Homes of Davenport v. Nunn

684 N.W.2d 221 · Supreme Court of Iowa · Jul 21, 2004

The federal government has established various types of programs that provide through various mechanisms subsidized rental units for low income families. See U.S. … Second, the regulations clearly apply only to tenant evictions, not to natural expirations of leases. Last, Nunn’s interpretation of the regulations would create a perpetual lease which Iowa cases strongly disfavor.

Keller v. City of Council Bluffs, Iowa

246 Iowa 202 · Supreme Court of Iowa · Sep 21, 1954

The burden is upon the plaintiffs attacking the amendment to establish that the.acts of the council were arbitrary, unreasonable, unjust and out of keeping with the spirit of the zoning statutes. Taylor v. … In the Boardman case, 231 Iowa 1227 , at page 1230, Judge Oliver cited from the Gorieb case a statement much in point: “ * * city councils, who deal with the situation from a practical standpoint, are better qualified than

Gosek v. Garmer and Stiles Company

158 N.W.2d 731 · Supreme Court of Iowa · May 7, 1968

“We have concluded here, however, that more mischief will be done by adhering to the precedent established in the Secured Finance Company case than by overruling it. … Thornton, was not a neuropsychiatrist, therefore not qualified as a specialist to diagnose the mental condition of a patient.

Read v. Howe

39 Iowa 553 · Supreme Court of Iowa · Oct 20, 1874

and re-examination of the entire testimony in this case, we feel constrained to hold that the fraud alleged to have been committed by the administrator, in effecting a settlement with the county court, has not been fairly established … -The evidence-quite clearly satisfies US that these pur- - • ..... ' . „ , „ chases were madem the interest and tor the benefit of C. K. Howe, the administrator.

In the Interest of Clay

246 N.W.2d 263 · Supreme Court of Iowa · Oct 20, 1976

Further in this vein the record clearly reveals no delinquency determination was ever made or entered, either independently or as an integral part of the instant transfer. … But this approach would run counter to well established principles. As articulated in Kelly v. Brewer, 239 N.W.2d 109, 113-114 (Iowa 1976): “It is our responsibility to ascertain and give effect to legislative intent.

The Waldinger Corporation, Emcasco Insurance Company, and Second Injury Fund of Iowa v. Michael B. Mettler

817 N.W.2d 1 · Supreme Court of Iowa · Jul 6, 2012

Rejecting Ellingson’s claim for additional healing period benefits for times *8 after the date upon which the commissioner found she had reached MMI, we said: In contrast, once it has been established through a decision of … Mettler’s claim against the Second Injury Fund under Iowa Code section 85.64 alleged prior injuries to his left knee, left elbow, and right knee as qualifying prior losses.

Iowa Power and Light Co. v. Abild Construction Co.

259 Iowa 314 · Supreme Court of Iowa · Jul 14, 1966

It cannot be said this contract was clearly intended to confer direct benefits on Ipalco. … As to the employer and employee there can be said to be a quid pro quo for immunity from tort liability.