Case law

Dille v. Longwell

188 Iowa 606 · Supreme Court of Iowa · Mar 10, 1920

We prefer to 'act without regard to these cases, because, while the qualifying words considered in them are as indefinite as is “when the debts of the company are paid,” they qualified a definite promise to pay by *608 a … Everything necessary to constitute a promissory note, except the time of payment, is clearly expressed. * * * It could not have been contemplated that, if Jones never got his money from the government, or never should be

Booth v. Central States Mutual Insurance

235 Iowa 5 · Supreme Court of Iowa · Oct 17, 1944

Booth evidently thought he had an honest claim, which he was willing to spend money to establish if necessary. … We are reluctant to reverse a trial court, even in the denial of a motion of this kind, unless it has clearly abused its legal discretion. Here the appellant was not misled in any way.

State v. McDaniel

265 N.W.2d 917 · Supreme Court of Iowa · May 17, 1978

The State’s evidence of defendant’s prior relationship and transactions with Ed-ington was clearly admissible under this standard. … Even though Edington was assured immunity, her testimony did not constitute substantial evidence from which the jury could find beyond a reasonable doubt her participation in sexual relations with defendant was conditioned

Johnson v. Nelson

275 N.W.2d 427 · Supreme Court of Iowa · Feb 21, 1979

He clearly is not entitled to any relief unless he establishes the negligence alleged, and that he is entitled to damages. This, therefore, is a personal action against Ryan. … Although Nelson argues the same view of property should continue, we believe the legislature intended to broaden the previous venue base by deleting the qualifying clause.

Slabaugh v. Eldon Miller, Inc.

244 Iowa 29 · Supreme Court of Iowa · Nov 11, 1952

Or, to put it another way, the price that the wreck will bring is perhaps as good a criterion as can be found to establish its reasonable value. In Mann v. … Defendant says, granting that an owner of personalty may give his opinion as to its market value, he is still not qualified to say it is'totally destroyed or cannot be repaired.

Knell v. Schrieyer

537 N.W.2d 778 · Supreme Court of Iowa · Sep 20, 1995

The Iowa district court determined that Russell is a qualified and suitable parent under the statute. … The children are clean, well-dressed and supervised, and clearly loved by Marvin. Testimony indicated that Russell also has a good home.

Potier v. Winifred Coal Co.

192 Iowa 1280 · Supreme Court of Iowa · Oct 18, 1921

The argument is that it is wholly inconsistent with Instructions 4, 8, and 10, in that it recognizes contributory negligence as a qualified or partial *1285 defense. … Clearly, the instruction is not vulnerable to tbe exception saved by plaintiff in tbe trial court, nor does tbe plaintiff now assume to support tbe point made in such exception.

In re Estate of Higgins

194 Iowa 369 · Supreme Court of Iowa · Sep 23, 1922

If the right of succession was created when the power of appointment was created, then clearly, the ruling óf the court below must be sustained. … appointment relates belonged-absolutely to the donee of such power and had been bequeathed or devised by such donee by will.” , The court, in passing upon its constitutionality, said: *376 “In the light of the principles thus established

Matherly v. Hanson

359 N.W.2d 450 · Supreme Court of Iowa · Dec 19, 1984

The plaintiffs relied on parol evidence to establish that fact. … The case cited in the treatise to support that sentence involved a written instrument which of itself, without amplification by parol evidence, clearly established a duty or obligation by one party to another. See W.T.

Lehman v. Iowa State Highway Commission

251 Iowa 77 · Supreme Court of Iowa · Nov 17, 1959

Chapter 306A, which authorizes the establishment of controlled-aecess highways, provides that all or any highways may be so designated. … Iowa State Highway Comm., 250 Iowa 473, 478 , 93 N.W.2d 60, 63 , we say, “The State has clearly declared here [chapter 306A] its intention to proceed through its police powers.

Theresa Huck v. Wyeth, Inc. D/B/A Wyeth Schwarz Pharma, Inc. and Pliva, Inc.

850 N.W.2d 353 · Supreme Court of Iowa · Jul 11, 2014

immunity and applying Texas negligence law to claims against brand defendants); Lance, 85 A.3d at 458-60 (rejecting defense of manufacturer immunity and applying Pennsylvania negligence law to claims against brand defendants … established our legislature’s understanding of the duty”).

State v. Casady

597 N.W.2d 801 · Supreme Court of Iowa · Jul 8, 1999

She is clearly qualified by “knowledge, skill, experience, training and education,” and her testimony would assist a trier of fact to understand the evidence or determine a fact in issue. See Iowa R. Evid. 702. … Those witnesses also established the timing of Casady’s leaving and returning to the scene that correlated exactly with the officers’ testimony of the timing of the anhydrous ammonia thefts.

State v. Monk

514 N.W.2d 448 · Supreme Court of Iowa · Mar 23, 1994

In support of his motion for a judgment of acquittal, Monk argued that “the touching of a broomstick on an anus did not qualify as sexual contact under the context of this case.” … We find this statutory definition clearly requires sexual contact.

Catlin v. Edwards

231 Iowa 71 · Supreme Court of Iowa · Nov 18, 1941

This was clearly precatory in its nature. A mere wish, desire, or request to his widow to be granted or refused as she might choose. … In the Richards case, supra, the devise to the widow was expressly qualified in such manner that this court held that she received but a life estate.

State v. Heacock

106 Iowa 191 · Supreme Court of Iowa · Oct 7, 1898

It was clearly irrelevant to any issue in the case, and immaterial, and the court did not err in striking it out. ■6 Y. … But character or reputation must bo *198 shown, by competent evidence, and according to well-established rules of practice, which need not be repeated here.

Sanford v. Luce

245 Iowa 74 · Supreme Court of Iowa · Nov 17, 1953

The testimony clearly shows he expected to be paid— that no gratuity was intended. … We have recently pointed out that “in a general way, courts are not inclined to look with favor upon” such a contention and have said “a variance between pleading and proof is immaterial unless the complaining party establishes

Smith v. Cedar Rapids Country Club

255 Iowa 1199 · Supreme Court of Iowa · Nov 12, 1963

In Assigned Error No. 5 the appellant complains of the admission of testimony of several users of floor wax and contends they do not qualify as experts. … In each of those cases a dangerous situation existed which clearly was not within the actual or imputed knowledge of the owner. Neither had been created nor caused by his act.

Hagen v. Texaco Refining & Marketing, Inc.

526 N.W.2d 531 · Supreme Court of Iowa · Jan 18, 1995

The release involved here qualified for the fund’s remedial program. … Clearly the location of the manways was a cause in fact of the release.

Independent School District No. 8 v. Independent School District

153 Iowa 598 · Supreme Court of Iowa · Jan 11, 1912

Clearly the reference to the “school corporation of the town of Clemons” was sufficient to designate the existing independent school district of Clemons, composed of the territory of the town and adjacent territory. … As the qualified voters within the five territorial divisions which were to be incorporated into the proposed district had a reasonable opportunity, in pursuance of proper notice, to cast their ballots for or against the

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

12 L.R.A. 436 · Supreme Court of Iowa · Feb 9, 1891

It" clearly appears that the thing • done in the one case is the same as in the other. It is simply the fixing of the rate to be charged by each road. … It will clearly be seen that the words, “through joint rates,” simply mean rates which shall be just and reasonable charges for the transportation over the united route.