Case law

Andrew v. State Bank

216 Iowa 972 · Supreme Court of Iowa · Sep 26, 1933

Andrew, superintendent of banking .of the state of Iowa, was duly appointed and qualified as receiver. … If the'evidence may be said to show anything clearly and conclusively, it is that Mr. Capps refused to make any definite arrangement.

Circle Express Co. v. Iowa State Commerce Commission

249 Iowa 651 · Supreme Court of Iowa · Dec 17, 1957

These were at least not the usual special contract cases of a private or contract carrier, and inferentially might be considered a bold attempt by subterfuge to get immunity from the requirements and obligations imposed by … Clearly this function aids greatly in obtaining necessary and proper regulation of traffic and efficient transportation facilities for the state. State ex rel. Board v. Carlson, supra.

Berent v. City of Iowa City

738 N.W.2d 193 · Supreme Court of Iowa · Aug 31, 2007

As noted by one court, it makes no difference whether a proposal is “clearly illegal” or just “illegal,” as under either circumstance, the proposal is invalid. Haumant v. … qualify for inclusion in a city charter.

Worth County Friends of Agriculture v. Worth County

688 N.W.2d 257 · Supreme Court of Iowa · Oct 6, 2004

The general assembly may provide for the establishment of charters in county or joint-municipal corporation governments. … Under this description, almost anything qualifies as a local affair.

Dodgen Industries, Inc. v. Iowa State Tax Commission

160 N.W.2d 289 · Supreme Court of Iowa · Jul 18, 1968

Clearly under those facts the only trans *294 action occurring in Indiana, the taxing state, was delivery to the buyer. That tax levy was upheld. In Pacific States Cast Iron Pipe Co. v. … It must appear from the language of the statute the tax assessed against taxpayer was clearly intended. Morrison-Knudsen Company, Inc. v.

State v. McGhuey

153 Iowa 308 · Supreme Court of Iowa · Dec 14, 1911

been introduced on the trial of the case which tends to ■ identify and single out the defendant as the perpetrator of the crime charged, and which, considered in connection with the testimony of the prosecuting witness, established … There is no reason why you can not return a verdict in this case, because certainly you are as well qualified to do so as any jury ever will be. If you can not return a verdict, who could? Or what jury could?

Burke v. Roberson

417 N.W.2d 209 · Supreme Court of Iowa · Dec 23, 1987

Thus, the plaintiff must establish that the total or partial loss would not have occurred had it not been for some act or omission on the part of the attorney. … Success for the Burkes under the last two scenarios would turn on several factors which were not clearly established in the record.

Duden v. Duden

191 Iowa 515 · Supreme Court of Iowa · May 10, 1921

It is also significant that the gift of the land to the daughter is qualified or conditioned by the use of the word “but.” … Taylor, 83 Ind. 347 , it is said: “A charge upon real estate may be made in express terms, or the intention of the testator may be gathered from the entire will, taken together. * * * It is firmly established that a charge

Matuska v. Bryant

260 Iowa 726 · Supreme Court of Iowa · May 2, 1967

We have often discussed the duty to maintain a proper lookout, and have said it includes the duty to see that which is clearly visible or which in the exercise of ordinary care would be visible, but we have not said any special … Here there was not only a dark night but a grove of trees to qualify visibility, and these were circumstances to be taken into consideration by the jury in determining whether plaintiff used that degree of care, caution and

Amended July 31, 2017 Spencer James Ludman v. Davenport Assumption High School

Supreme Court of Iowa · Jun 2, 2017

A court abuses its discretion when its ruling is “clearly untenable or to an extent clearly unreasonable.” State v. Wilson, 878 N.W.2d 203, 210–11 (Iowa 2016). … This made him qualified to testify.

Farm Bureau Mutual Insurance Co. v. Sandbulte

302 N.W.2d 104 · Supreme Court of Iowa · Feb 18, 1981

If the policy had intended to include all such highways there was no occasion for using the qualifying word “immediately” in conjunction with the word “adjoining.” … The Sand-bulte pickup was clearly “designed” for highway use under the policy definition, *115 regardless of the actual use made of it.

State Surety Co. v. Lensing

249 N.W.2d 608 · Supreme Court of Iowa · Jan 19, 1977

“The Court is of the opinion that had the legislature intended to exclude a casual out-of-state sale from the business acts of an established dealer, that it would have specifically so stated in Section 322.3, pertaining … The general rule is thus stated in 73 Am.Jur.2d, Statutes, section 359, page 492: “Unless the intention to have a statute operate beyond the limits of the state or country is clearly expressed or indicated by its language

State v. Savage

288 N.W.2d 502 · Supreme Court of Iowa · Feb 20, 1980

Clearly, the witness’s value testimony was premised upon solely his personal opinion and not upon any perceptions about its market value. … By holding otherwise, the court has, in effect, established an invalid conclusive presumption of owner competency.

Weber v. Chicago, Rock Island & Pacific Railroad

175 Iowa 358 · Supreme Court of Iowa · Mar 19, 1915

also authority for the proposition that inability to produce the declarant’s testimony from any cause, as absence from jurisdiction, physical or mental incapacity, assurance that the witness would claim his privilege, or immunity … apprehended flood of litigation from the establishment of the rule has not occurred.

Owens v. Iowa County

186 Iowa 408 · Supreme Court of Iowa · Nov 22, 1918

The particular facts upon which defendants rely to establish same will be hereafter referred to. … Ed. 706 ), referring directly to proof of intention, said: “When the intention to be proved is important only as qualifying an act, its connection with that act must be .shown, in order to warrant the admission of declarations

Merged Area (Education) VII v. Board of Review of City of Waterloo

326 N.W.2d 310 · Supreme Court of Iowa · Nov 24, 1982

Hawkeye is a technical training school, which was established in 1966. It presently provides technical and vocational training to nearly three thousand students. … It concerns a recent amendment to section 427.1(11), which Hawkeye says clearly shows the legislature intended 427.1(9) to include tax exemptions for school corporations.

State Of Iowa Vs. Jesse Lee Simmons

Supreme Court of Iowa · May 19, 2006

We have said the Fourth Amendment clearly protects physical entry into one’s home. Id. … Sweeney, 688 F.2d 1131, 1137 (7th Cir. 1982) (finding an officer who is qualified to identify an odor, which is sufficiently distinctive to identify the manufacture of methamphetamine, may establish probable cause for

Quality Refrigerated Services, Inc. v. City of Spencer

586 N.W.2d 202 · Supreme Court of Iowa · Oct 21, 1998

QRS has abandoned on appeal any claim that meat processing qualifies as a nonconforming use. II. Scope of Review Applicable to Riding on Request For Declaratory Judgment. … Clearly the wisdom of granting QRS’s rezoning request was fairly debatable.

Fuller v. Buhrow

292 N.W.2d 672 · Supreme Court of Iowa · May 21, 1980

The policy arguments for the doctrine do not demand that we renounce our unanimous refusal a year ago to change our long-established rule. … Too often such a change of a well-understood and established principle is wrought at the expense of an orderly trial process.

Prosser v. Wapello County

18 Iowa 327 · Supreme Court of Iowa · Apr 12, 1865

This action of the court was clearly erroneous. This, if allowed, would make the witnesses perform the functions of the jury. … The farthest courts have gone is to allow witnesses, otherwise properly qualified, to give opinions as to the value of property. Henry v. The Dubuque, &c., R. R. Co., 2 Iowa, 288 ; Dalzell v.