Case law

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

State v. Tilley

176 N.W.2d 843 · Supreme Court of Iowa · May 5, 1970

The handwriting examplar and forged check were then examined by Duane Barton, qualified handwriting expert employed by the Iowa Bureau of Criminal Investigation, who later testified that, in his opinion, the handwriting on … These two cases are clearly distinguishable on the facts, but because of the broad language contained therein and the failure of the court there to mention or give recognition to the rule of law we approve here, we are of

Rasmussen v. Thilges

174 N.W.2d 384 · Supreme Court of Iowa · Feb 10, 1970

Boyken (1968), Iowa, 155 N.W.2d 488, 493 , we approved of the use of qualified persons as experts in the field of accident reconstruction. … We hold the foundation facts established and recited as a basis for the expert’s opinion here meet the tests laid down in Dougherty v. Boyken, supra.

State v. Stansberry

182 Iowa 908 · Supreme Court of Iowa · Feb 9, 1918

Giving to these cases all due effect, they establish that, where evidence is manifestly' needless, and is an attempt by undue overproof to arouse prejudice, permitting such proof will be prejudicial error. … It means that something must be left to the discretion of the trial judge, who has the entire situation before him, and who is best qualified to give due consideration to the entire situation existing when the offer is made

Duke v. Clark

267 N.W.2d 63 · Supreme Court of Iowa · Jun 28, 1978

However, he relies on the rule an expert must not only be qualified generally, but must also possess sufficient information to permit him to express his opinion on the particular issue involved. See Haumersen v. … We do not foreclose the possibility that sometimes the evidence may establish such issues as a matter of law, but this is not one of those cases.

Gannett v. Cook

245 Iowa 750 · Supreme Court of Iowa · Dec 15, 1953

The requirement of recordation was clearly not unreasonable. This was an instrument affecting real estate and it was important that the time of its going into effect be capable of exact determination. II. … establish such line * * The court held this ordinance unconstitutional.

State v. Brodene

493 N.W.2d 793 · Supreme Court of Iowa · Dec 23, 1992

The first element is easily established; we think extortion is clearly an example of dishonesty. … The evidence rejected here must be said to qualify; it cast light that the jury might have found useful in determining the prosecution witness’s reliability. We hold it should have been admitted.

Redmond v. Ray

268 N.W.2d 849 · Supreme Court of Iowa · Jul 26, 1978

This court has explained the exception as follows: This latter provision is clearly a negative provision. It creates an exception to the rule established by the preceding provision. … The first usage clearly refers to calendar days which are to be counted consecutively, but not including Sunday.

In Re Delaney

185 N.W.2d 726 · Supreme Court of Iowa · Apr 9, 1971

Appellant challenges admission of the exhibit on the ground that the "witness is not qualified as an expert, no proper foundation and exhibit `A' has not been shown as a regular part of the regular records of the school." … being offered as evidence of the truth of the contents of reports contained in the folder without producing the persons from whom the evidence originated for cross-examination, the material was hearsay and was not shown to qualify

Hansen v. Chapin

232 N.W.2d 506 · Supreme Court of Iowa · Aug 29, 1975

In this connection they maintain acceptance of any payments subsequent to the notice qualifies as conduct *510 equivocal in nature, inconsistent with a clear intent to pursue a forfeiture. … part of the vendor, clearly establishing the vendor regards the contract as in full force and effect subsequent to the forfeiture.

Beulah Zimmer, Administrator Of The Estate Of Ceil Creswell Vs. Walter Vander Waal, Sr., And Rolling View Farms, Inc., An Iowa Corporation

Supreme Court of Iowa · Apr 9, 2010

The parties agree the trailer in this case qualifies as a vehicle under section 321.1(90). … Upon attachment to a motor vehicle, the trailer qualifies as a combination of vehicles. See id. § 321.1(9).

Iowa Telephone Ass'n v. City of Hawarden

589 N.W.2d 245 · Supreme Court of Iowa · Feb 17, 1999

Clearly, the act does not expressly authorize the creation of such utilities. … ITA does not dispute that the State of Iowa qualifies as a “franchising authority.”

Edwards & Walsh Construction Co. v. Jasper County

117 Iowa 365 · Supreme Court of Iowa · May 31, 1902

Justice Depue, delivering the opinion of the court of orrors of New Jersey, said: ‘The immunity of the property of the state and of its political subdivisions from taxation does not result from want of power in the legislature … This is the well-established rule, to-which it is unnecessary to cite authorities. But the principle does not apply to public property owned and used by an entire county for public purposes only.

Huisman v. Miedema

644 N.W.2d 321 · Supreme Court of Iowa · May 8, 2002

Clearly, our court was focusing on the father’s effort to exercise his parental rights, not his efforts to judicially enforce those rights. … Holding that the federal constitutional protection of paternal rights depended on “a full commitment to the responsibilities of parenthood,” the Court determined that for the natural father to have qualified for such protection

Laura Belin, Bleeding Heartland LLC, Clark Kauffman, Iowa Capital Dispatch, Randy Evans, and Iowa Freedom of Information Council v. Governor Kim Reynolds, Michael Boal, Pat Garrett, Alex Murphy, and Office of The Governor of the State of Iowa

Supreme Court of Iowa · Apr 14, 2023

The third element can be established either through an express refusal or through an implicit refusal. Extensive delay may—on its own—establish an implicit refusal. … To be clear, the Governor has not claimed general immunity from the requirements of chapter 22.

Tice v. Wilmington Chemical Corporation

259 Iowa 27 · Supreme Court of Iowa · Apr 5, 1966

By his petition plaintiff alleges substantially as follows: He is executor of the estate of his wife; defendant is an Illinois corporation never qualified to do business as such in Iowa; defendant engaged in manufacturing … Defendant also contends plaintiff did not establish sufficient facts to sustain jurisdiction of the court under sections 496A.103 and 496A.120, Code, 1962.

Lloyd E. Clarke, Inc. v. City of Bettendorf

261 Iowa 1217 · Supreme Court of Iowa · Apr 9, 1968

“(Ill) Establishments producing industrial wastes-connection fee shall be Three Hundred Dollars ($300.00).” Plaintiffs made application to connect their various new houses to the sewer. … Here the ordinance clearly exceeds the city’s statutory authority. Whatever may be its rights against plaintiffs based on contracted theories it cannot sustain its ordinances by estoppel. Affirmed.

Bloomquist v. Board of Supervisors

188 Iowa 994 · Supreme Court of Iowa · Apr 13, 1920

This amendment alleged certain illegalities ^ie proceedings of the board, in that the commissioners appointed by the board never, in fact, qualified or acted as such, and that they did not, in fact, inspect the lands nor … Clearly, the mutual theory of the case in the hearing before the board, a^0Pte(^ by both parties, was that the proposed assessments were subject to review by the board, upon a proper showing of merit.

Sick v. Rock

240 Iowa 584 · Supreme Court of Iowa · Apr 5, 1949

It was probated and his widow, Caroline Rock, qualified as executrix and elected to take under its terms. She died June 1, 1947. … The time for payment of the $9000 to the sisters — “within six months thereafter” — was clearly six months after the right of possession accrued.

State v. Allen

565 N.W.2d 333 · Supreme Court of Iowa · Jun 18, 1997

The similarities between the two situations were relevant to establishing such factors as motive, intent, opportunity, and plan. See Iowa R. Evid. 404(b). … He argues that the transcript did not qualify as the best evidence, see Iowa R.