Case law

State of Iowa v. Tiffany Sue McCalley

Supreme Court of Iowa · Apr 1, 2022

Record today establishes that she has two part-time jobs. Clearly some effect on her economic status due to the COVID pandemic here in Iowa. She is going through a divorce. Recently suffered a fire. … These accumulating convictions qualified her as a “habitual offender,” which came with a two-year bar on her license.

Huse v. Noffke

271 N.W.2d 682 · Supreme Court of Iowa · Nov 22, 1978

The evidence establishes the following facts: Helen Huse, the life tenant, was 53 years of age at time of trial, married, with one child and one grandchild. … The court denied the partition on the ground that all parties must have the right to present possession to maintain such action, and the holders of an expectant estate did not so qualify.

Flanigan v. Kimball

158 Iowa 273 · Supreme Court of Iowa · Jan 17, 1913

He did not qualify until December 3, 1909, but on June 18, 1910, filed his report, and without notice to claimant herein was, on the same day, discharged. … But it is admitted that he holds a valid claim against the estate, and there is no reason why it should not have been established.

Eller v. Needham

247 Iowa 565 · Supreme Court of Iowa · Nov 15, 1955

. *568 as receiver to take charge, of certain personalty, perhaps, although the record does not clearly so show, the same which was covered by the conditional sales contract relied upon in Law No. 61358. … Conley was appointed as receiver in accordance with the application, and duly qualified. On March 18 next the plaintiffs filed their application for removal of the receiver, and hearing was had.

Matter of Estate of Allen

239 N.W.2d 163 · Supreme Court of Iowa · Feb 18, 1976

Citation of Missouri opinions in a trial brief does not, as is.urged, qualify because it is not the introduction of evidence. … The trial court ruled: “ * * * [T]his property was set over to the surviving spouse by the Missouri probate proceed *170 ings, and the proceeds therefrom were clearly her property, regardless of where deposited.”

Getchell & Martin Lumber & Manufacturing Co. v. Peterson & Sampson

124 Iowa 599 · Supreme Court of Iowa · Jul 13, 1904

By the decree of the trial court plaintiff’s claim for a lien was established in the sum of $812.60, and subject thereto, the lien of the Chicago Lumber & Coal Company was also established for $593.78. … Ownership may be qualified or unqualified, legal or equitable, and from the mere fact that the legal title of this lot is not in H. W.

Baker v. City of Iowa City

750 N.W.2d 93 · Supreme Court of Iowa · May 30, 2008

An abuse of discretion will be found when the district court exercises its discretion on grounds or for reasons that are clearly untenable or to an extent that is clearly unreasonable. … This argument ignores the statutory language qualifying *101 the noun “categories”: “of unfair and discriminatory practices.”

Elkader Production Credit Ass'n v. Eulberg

251 N.W.2d 234 · Supreme Court of Iowa · Mar 16, 1977

But defendants argue the foregoing violates the established presumption against disinheritance. See Anderson v. Wilson, 155 Iowa 415, 429 , 136 N.W. 134 (1912); cf. In re Estate of Spencer, 232 N.W.2d at 498 . … By reason of the fact Mary did so qualify (and the children had been effectively disinherited), fee simple title in and to the farm vested in her as sole residuary devisee, upon testator’s death, subject to payment of debts

In re the Detention of Ronald Tripp

911 N.W.2d 408 · 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.

Cedar Rapids Steel Transportation, Inc. v. Iowa State Commerce Commission

160 N.W.2d 825 · Supreme Court of Iowa · Sep 5, 1968

The aforesaid statute is clearly confined to “any railroad” aggrieved by a rule, order or regulación made by defendant commission. Petitioner fails to so qualify. … , declared, or commonly known; (4) used different routes according to calls received, or were generally established and commonly known routes used with reasonable regularity; (5) established regular or commonly known, fixed

Craven v. Bierring

222 Iowa 613 · Supreme Court of Iowa · Nov 17, 1936

By this means he had acquired a large practice and established a substantial business. … Statutes regulating the practice of medicine clearly fall within the police power of the state, Smith v. Medical Examiners, 140 Iowa 66 , 117 N. W. 1116 .

Peters v. Iowa Employment Security Commission

248 N.W.2d 92 · Supreme Court of Iowa · Dec 15, 1976

If they are determined to be special statutes they clearly prevail under the principle that special statutes override conflicting general statutes. Llewellyn v. … This must have been understood by the legislature when it enacted and amended the present section 365.19; yet, although it would have been easy to say that section 365.19 did not apply to those qualified under the soldiers

Farmers Butter & Dairy Cooperative v. Farm Bureau Mutual Insurance Co.

196 N.W.2d 533 · Supreme Court of Iowa · Apr 13, 1972

are satisfied Code § 321.45(2) (d), in its entirety, when read in light of other related statutes, reveals a general legislative purpose to thereby provide, with some specified exceptions, an exclusive means by which to establish … Any other result would require the improper reading of words and meaning into Code § 321.45(2) (d) not there clearly expressed or reasonably implied. See Iowa R.Civ.P. 344(f) (13); Wendelin v.

Pierce v. Green

229 Iowa 22 · Supreme Court of Iowa · Sep 24, 1940

discretionary power, yet if it be exercised with manifest injustice, the Court * * * is not precluded from commanding its due exercise-, [Italics ours] the jurisdiction, under such circumstances, being clearly established … It is not necessary that he allege or establish actual fraud.

State of Iowa v. Deng Kon Tong

805 N.W.2d 599 · Supreme Court of Iowa · Oct 21, 2011

The first requires only that guilt have been established either through a plea or a trial verdict. See State v. … Thus, a deferred judgment qualifies as a conviction under the first definition but not under the second.

Kemp v. Day & Zimmerman, Inc.

239 Iowa 829 · Supreme Court of Iowa · Jun 15, 1948

The controlling provisions are clearly stated and restated. … The amendatory immunity Act became effective May 16, 1942. On appeal to the Court of Civil Appeals of Texas ( 178 S. W. 2d 133 ) that court reversed the trial court because of the immunity Act.

Top of Iowa Cooperative v. Sime Farms, Inc.

608 N.W.2d 454 · Supreme Court of Iowa · Mar 22, 2000

Sime Farms claims that this testimony establishes as a matter of law that the Coop was never insecure about Sime Farms’ performance. … In the Midwest, the market price for grain such as com is set on the open market established by the CBOT.

Campbell v. Jackman Bros.

140 Iowa 475 · Supreme Court of Iowa · Dec 15, 1908

protestation against construing these terms into a license or legalization of the business is by express enactment so far waived as to exempt the dealer from any of the penalties of the law and make his place of business immune … They must be able to p'oint out the specific provision expressed or clearly implied from what is expressed, which the act violates. See, also, Cooley’s Constitutional Limitations, chapter 7.

Hill v. Electronics Corporation of America

253 Iowa 581 · Supreme Court of Iowa · Feb 6, 1962

Another section of chapter 321, Laws 58th General Assembly, applies to the present case as clearly as section 120 does. We refer to section 103. … It establishes a new basis for jurisdiction over a foreign corporation. Nothing in the law indicates it was intended to operate retrospectively to a case already decided by the trial court. Davis v.

Community Drama Ass'n v. Iowa State Tax Commission

252 Iowa 854 · Supreme Court of Iowa · May 2, 1961

This concept is clearly stated by the circuit court of the Tenth Circuit in quoting the district court in Jones v. Better Business Bureau of Oklahoma City, 123 F.2d 767, 769 , quoting 31 F. … The record establishes not only that appellee’s program is good, it is also within the exemption statute. The decree of the trial court is affirmed. — Affirmed. All Justices concur.