Case law

State v. Brown

130 Iowa 57 · Supreme Court of Iowa · Mar 7, 1906

This case clearly falls within the rule, often announced, that the discretion of the trial court in rulings upon challenges for cause will not be interfered with unless a clear abuse of discretion is shown. State v. … The court might properly take into account the juror’s conduct, demeanor, and bearing in court in determining whether, in view of his statements in answer to questions propounded to him, he was qualified to serve.

Goodman v. Bauer

225 Iowa 1086 · Supreme Court of Iowa · Sep 27, 1938

Krickenberger and duly qualified. On April 29, 1930, Mary ,M. … In our opinion, the evidence of these witnesses for plain *1098 tiff clearly outweighs the evidence presented by the defendants, goes far beyond making a mere prima facie case, and affirmatively establishes soundness of mind

Davies v. Monona County Board of Education

257 Iowa 985 · Supreme Court of Iowa · Jun 8, 1965

This established a qualifying rule, that if an attempted reorganization is abandoned a new proceeding may be commenced,' and is not invalid for want of jurisdiction. … We do not find it so “clearly stated” that the method set forth in chapter 275 is exclusive that we can ignore section 274.37.

In re Tripp

915 N.W.2d 867 · Supreme Court of Iowa · Apr 13, 2018

Tripp began to object, however, when the State sought to establish the basis of some of Salter's scoring. … Tripp established that Salter was relying upon a report containing facts about which she had no personal knowledge.

Slavens v. Bailey

222 Iowa 1091 · Supreme Court of Iowa · Dec 15, 1936

As above stated in paragraph No. 7 of the will, the testator clearly and specifically included Ruth Wiese the plaintiff, as an heir and so denominated her. … The gift was to a class the members of which would be determined on the death of Bessie’ and those heirs who qualified for membership in the class were entitled to share equally in the fund.

Moore v. McKinley

246 Iowa 734 · Supreme Court of Iowa · Mar 8, 1955

We find *751 nothing in the record herein justifying a departure from this long-established rule. Y. … We so hold, in accord with the well-established rule of testamentary construction, and decisions of this, court. See Canaday v.

Hoffman v. Iowa Department of Transportation

257 N.W.2d 22 · Supreme Court of Iowa · Aug 31, 1977

Defendant contends his qualified refusal cannot be deemed a refusal as contemplated by § 321B.3 and § 321B.7, The Code. … Iowa Department of Public Safety, 210 N.W.2d 660, 662 (Iowa 1973), to the effect: "* * * It is well established that the state and federal constitutional right to counsel does not apply to an implied consent proceeding.

Doe v. State

688 N.W.2d 265 · Supreme Court of Iowa · Oct 6, 2004

“This principle is violated if one branch of government purports to use powers that are clearly forbidden, or attempts to use powers granted by the constitution to another branch.” State v. … The DOC screening policy does not purport to deal with the length of an inmate’s sentence; it simply establishes a procedure for determining the inmate’s status vis-a-vis the SVPA.

Loughman v. Couchman

242 Iowa 885 · Supreme Court of Iowa · Apr 4, 1951

Plaintiff then brought this suit to establish an easement in the drain and enjoin defendants from interference therewith. … It clearly appears Loughman purchased the ground from Johnston before the sewer or house was built in 1912. * Defendants argue no easement arose by prescription because the drain was constructed with Johnston’s consent and

Socony Vacuum Oil Company v. State

170 N.W.2d 378 · Supreme Court of Iowa · Sep 5, 1969

, an independent, experienced and qualified real estate broker and appraiser. … Where the sale price reflects an important enhancement of value because of the building of the interstate highway, the sale is clearly not admissible.

Vigilant Insurance Co. v. Allied Property & Casualty Insurance Co.

609 N.W.2d 538 · Supreme Court of Iowa · Apr 26, 2000

It then provides a definition of “underlying coverage,” quoted above, that clearly includes the Allied policy. … Allied’s policy, which is primary, would qualify as underlying insurance under that definition because it would reduce any damages Vigilant might be called on to pay, up to Allied’s liability limit of $500,-000.

Amended June 11, 2015 Roberts Dairy and Crawford & Company v. Grady Billick

Supreme Court of Iowa · Apr 3, 2015

Under chapter 17A, we are free to substitute our own interpretation of statutes “whose interpretation[s] ha[ve] not clearly been vested” in the agency. … Trevino, 839 N.W.2d 434, 443–44 (Iowa 2013) (“If the legislature had intended volunteer immunity to apply to the state, it presumably would have said so expressly, as it did for the emergency response immunity in the

Linda Pippen, on Behalf of Themselves and All Others Similarly Situated v. State

854 N.W.2d 1 · Supreme Court of Iowa · Jul 18, 2014

These examples included: a qualified African-American applicant who was not referred to a department by DAS, due to DAS incorrectly reporting the applicant was not qualified; in some cases, résumés of African Americans were … Griggs clearly established that a civil rights claim could be based on disparate impact without proving discriminatory animus or motivation in cases involving objective standardized tests or employment criteria.

Vorthmann v. Great Lakes Pipe Line Co.

228 Iowa 53 · Supreme Court of Iowa · Jan 16, 1940

Oral evidence that the contract was for 8 per cent commission, and not 10 per cent, is clearly contradictory to the essential terms of the written contract. … No written contract could be immune against oral contradiction. The question has been before us many times, and nothing can be gained by extended argument thereon.” (Citing cases.)

Berhow v. Kroack

195 N.W.2d 379 · Supreme Court of Iowa · Feb 25, 1972

Such built-in immunity from liability sharply limits the legal incentive for lessor to rent vehicles suitable for the intended purpose. The rule reduces the logic of the situation to an absurdity. … This instruction clearly refutes any claim the court did not recognize a bailment relationship existed.

Andover Volunteer Fire Department And Travelers Insurance Company Vs. Grinnell Mutual Reinsurance Company

Supreme Court of Iowa · Aug 13, 2010

See Iowa Code § 86.8(1) (establishing the commissioner’s duty to “[a]dopt and enforce rules necessary to implement” workers’ compensation laws). … This question is not resolved in any way by the rule of statutory construction relating to referential and qualifying words. B. Common Meaning.

Miller v. Register and Tribune Syndicate, Inc.

336 N.W.2d 709 · Supreme Court of Iowa · Jul 20, 1983

After discussion the following resolution establishing an “Independent Litigation Committee” was adopted unanimously. … The words “independent directors” as used in this opinion refer to those directors meeting the test established in note 3, infra. .

Dunlop v. Weinstein

246 Iowa 496 · Supreme Court of Iowa · Nov 16, 1954

Clearly the testimony was practically all hearsay but we do not find that objection urged. … Nor will appellant and the estate he represents suffer any damage if the Pilger claims be established.

City of Dubuque v. Iowa Trust

519 N.W.2d 786 · Supreme Court of Iowa · Jun 22, 1994

The Iowa Trust was established in 1990 to permit political subdivisions of the state to pool surplus treasury funds for investment. … The ruling before us clearly reflects the court’s consideration of the factors listed in rule 42.3(a).

Kriener v. Turkey Valley Community School District

212 N.W.2d 526 · Supreme Court of Iowa · Nov 14, 1973

Clearly these claims, if proven, will tend to establish a nuisance in that such acts may provide an actionable invasion of plaintiff’s interest in the use and enjoyment of his land. (Authorities cited).” VIII. … We are persuaded, however, plaintiffs here clearly established their right to in-junctive relief regarding the asserted odor nuisance, but for reasons stated infra that form of redress is not at this time granted.