Case law

State of Iowa v. David Dwight Jackson

Supreme Court of Iowa · Mar 15, 2024

A party forfeits an issue on appeal when the party fails to clearly identify an issue on appeal. See Goode v. State, 920 N.W.2d 520, 524 (Iowa 2018). … Rather, he reiterated that foundation was not established for the admission of the medical records.

Hawarden Sand & Gravel Co. v. Chicago & Northwestern Railway Co.

185 Iowa 1168 · Supreme Court of Iowa · Apr 14, 1919

It was made a crime for a company to discriminate, or to grant privileges or immunities to one that were not granted to all, by the classification and rates fixed. … would allow a shipper for this work, and that maximum rate governed and applied to all shippers, and was uniform and not discriminatory; and it was sa.id that, upon fixing the maximum rates, it should declare distinctly and clearly

Alliant Energy-interstate Power And Light Company, Interstate Power And Light Company, Interstate Power And Light Company, F/k/a Ies Utilities, Inc., And/or Alliant Energy Corporation Vs. Bo Duckett, A/k/a Mary Duckett, F/k/a Mary E. Jeambey

732 N.W.2d 869 · Supreme Court of Iowa · Apr 20, 2007

This is because parties to a lawsuit cannot establish jurisdiction where it has not been first conferred by the constitution or legislation. … the parties never brought it up until after the summary judgment rulings.  11 determines the rights of the parties because our legal principles concerning indemnification are often qualified

Polk County ex rel. Johnston v. Hertko

282 N.W.2d 744 · Supreme Court of Iowa · Aug 29, 1979

HSA is an Iowa non-profit corporation established pursuant to United States Public Law 93-641 ( 42 U.S.C. § 3007 ). … Polk County clearly qualifies as a political subdivision of the State of Iowa, which has access to the courts. “Each county is a body corporate for civil and political purposes, may sue and be sued . . . .”

Berger v. Iowa Finance Authority

593 N.W.2d 136 · Supreme Court of Iowa · Apr 28, 1999

The very next provision exempts qualified attorneys and those persons abstracting “under the attorney’s supervision and control” from the tract index requirement first described. Id. … Clearly Berger and Buchmeyer’s authority to participate in the title guaranty program depends on the permission, ie., license, granted them by the Title Guaranty division.

Fort v. Iowa Legion of Honor

146 Iowa 183 · Supreme Court of Iowa · Nov 22, 1909

Harrington was . present and acting as the duly elected and qualified delegate and representative of Maquoketa Lodge No. 22. … Plaintiff claims: That the defendant having by amendment to its constitution in 1901 established a fixed scale,, of rates, and providing therein they should “remain” as thereby established, and having established a table

State Ex Rel. Dot v. Gen. Elec. Cr. Corp.

448 N.W.2d 335 · Supreme Court of Iowa · Nov 22, 1989

Under the district court's reading of the statute, the words "for compensation" are deemed to qualify "operated"; but in the statute as written, those words qualify "for the intrastate transportation of persons or *345 property … The district court's reading of section 328.42 also is contrary to an established canon of statutory construction.

Tullis v. Merrill

584 N.W.2d 236 · Supreme Court of Iowa · Sep 23, 1998

This clearly constituted a claim for wages under the statute. … The statute goes on at length, however, to describe exceptions to this exception which may or may not impact the “qualified” status of the employer’s benefit plan. See id. § 125(g)(2)(A) (special rules).

Hunter v. Citizens Savings & Trust Co.

157 Iowa 168 · Supreme Court of Iowa · Nov 14, 1912

The defendant’s answer, briefly stated, is a reassertion of the existence of its alleged judgment lien which it asks the court to affirm and establish by its decree. … Even if the debtor has some real or apparent interest in land to which the lien his attached, yet if his title has been so qualified in the instrument creating it that it may be defeated or divested by a power intrusted to

Wallace v. Brotherhood of Locomotive Firemen & Enginemen

230 Iowa 1127 · Supreme Court of Iowa · Oct 14, 1941

This court has said that such a provision as contained in the appellee’s constitution, for the termination of payments before death means that it is placed there for the protection of the insurer and must be construed to qualify … That Wallace had a right to believe that it was not a rejection of his claim is clearly shown by the fact, that after Wallace received the above-quoted letter he went with his wife to visit Dr.

Mopper v. Circle Key Life Insurance Company

172 N.W.2d 118 · Supreme Court of Iowa · Nov 12, 1969

It maintains the death of Sam Mopper automatically terminated the contract on August 21, 1967, and thus he did not qualify for further commissions under paragraph 3. … It is appellee’s position that the Field Manager’s Agreement is not unclear or ambiguous, but under well established rules provides for the relief she sought.

State Ex Rel. Gibson v. American Bonding & Casualty Co.

212 Iowa 1052 · Supreme Court of Iowa · Jun 20, 1931

Grandy, the duly appointed, qualified acting and permanent receiver of the American Bonding & Casualty Co., and objects and excepts to the alleged claim of the National Glass Co., No. 453, and the allowance thereof on the … Clearly, appellees could not have imparted such- information because they did not have it. Under the entire record,-it is very evident that appellent has not established fraud in the inception of the contract.

Melin v. Melin

189 Iowa 370 · Supreme Court of Iowa · Jul 6, 1920

Johnson was appointed referee, and, after qualifying, sold the land at auction, June 21st, at $236 an acre. The referee filed his report of a sale to *371 A. J. … 11 The evidence failed to establish such inadequacy of price as to warrant the court in interfering Avith the sale on that ground.

Leitch v. Leitch

382 N.W.2d 448 · Supreme Court of Iowa · Mar 14, 1986

She said that during their last quarrel, just before he left, he told her that he was then qualified to practice medicine and did not need her help any longer. Mr. L. said that on the day he left she told him to leave. … L. was clearly at the time involved in an affair with Miss G.

Hartley v. Board of Supervisors

179 Iowa 814 · Supreme Court of Iowa · Apr 4, 1917

notary public, and qualify according to law. … It clearly appears that the building was erected after the petition was filed, and the circumstances indicate that plaintiff must have *827 had knowledge of that fact, notwithstanding his denial.

James v. Consolidated Independent District

194 Iowa 1224 · Supreme Court of Iowa · Dec 15, 1922

The plaintiffs are property owners and taxpayers in the Consolidated Indepéndent District of Stanley, the proper establishment and organization of which district is not contested. … This clearly implies authority in the board to do each and all of the things enumerated, without the. necessity of calling an election or submitting the question to the vote of the electors when the cost thereof does not

Hollenbeck v. City of Marion

116 Iowa 69 · Supreme Court of Iowa · Feb 12, 1902

In 1893 defendant established a sewerage system, and emptied the sewage gathered thereby into said creek. … That water is sticky, nasty, and filthy is a fact; but, if an opinion, it is clearly admissible .under well-settled rules. State v. Rains *73 barger, 71 Iowa, 746 ; Pence v. Railway Co., 79 Iowa, 389 ; Winter v.

Gamel v. Veterans Memorial Auditorium Commission

272 N.W.2d 472 · Supreme Court of Iowa · Dec 20, 1978

In any event the work does have to do with our established scheme of honoring veterans. … Thus a statute will not be declared unconstitutional unless it clearly, palpably and without doubt, infringes the constitution. [Authorities.]

Lyle H. Abbas, F. Dow Bates, Bradley J. Brown, Sidney E. Carter, Brad Chicoine, Russell J. Cox, Paul D. Eberline, Joseph N. Geelan, Richard W. Haas, Rex J. Jones, Keith L. Klemme, Elizabeth C. Kressin, Steven J. Kraus, Mark A. Kruse, Rodney D. Langel, Ronald O. Masters II, Kevin Miller, Steven A. Mueller, Mark A. Niles, Valorie J. Prahl, Jennifer A. Rasmussen, Rod R. Rebarcak, Randall P. Stange, Lance E. Vanderloo, Kenneth

893 N.W.2d 879 · Supreme Court of Iowa · Apr 21, 2017

The commissioner then found the proviso clause simply qualifies the construction clause. The district court approached the problem by referring to its “simplified version” of the statute. … These witnesses established medical and osteopathic doctors spend more time at a higher cost to perform the same service as a chiropractor.

State ex rel. Hammond v. Lynch

169 Iowa 148 · Supreme Court of Iowa · Feb 17, 1915

Such consequences would be a large price to pay for immunity from the possible abuse of authority by the high officers who are, as we think, charged with the duty of certifying to the public the fact that a statute has been … decisions holding that the enrolled act may be impeached by the journals, have done so reluctantly, and have expressed doubts as to the validity of the doctrine, and in many eases, as will appear in the following sections, have qualified