Case law

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.

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.

Executors of Estate of Hodgen v. Sproul

221 Iowa 1104 · Supreme Court of Iowa · Jun 19, 1936

There seems to be a line of demarcation at least, established by the boundaries of the counties. … It is not, however, an arbitrary discretion, but is subject to well known and clearly defined Eules.

Sharon K. Nelson G. Jean Connelly John P. Rusinack and Beverly A. Rusinack, Husband and Wife and Lois Johnson v. City of Hampton, Iowa

802 N.W.2d 224 · Supreme Court of Iowa · Aug 26, 2011

See Iowa Code § 354.6(1)–(2) (defining standards for subdivision of private property and including requirement that recorded subdivision plats clearly designate area reserved for streets and other future public areas). … Overall, the plaintiffs did not establish the assessments to their property exceeded the special benefit provided by the improvement.

AOL Llc Vs. Iowa Department Of Revenue

Supreme Court of Iowa · Aug 21, 2009

When an agency elects to be its own lexicographer, persons are entitled to rely upon the established definitions. … rule 18.20(1)(b) to apply to a subsequent subsection in the same rule regarding internet sales, the 1On appeal AOL raises a number of other arguments, including federal preemption, in support of its claim to be immune

State v. Seering

701 N.W.2d 655 · Supreme Court of Iowa · Jul 29, 2005

Our review of constitutional claims related to statutes is well established: We review constitutional challenges to a statute de novo. … These restrictions clearly impose a form of disability. Yet, the disabling nature of the statute is not absolute.

Iowa City Community School District v. Iowa City Education Ass'n

343 N.W.2d 139 · Supreme Court of Iowa · Dec 21, 1983

Ferguson was the principal and was found by the arbitrator to be “an especially well-qualified teacher in the very subject-matter involved.” … Yet, under the majority’s view, these rulings are immune from judicial correction. This arbitrator’s heavy reliance on a Vermont arbitration proceeding is an example.

Meyer v. Weiler

121 Iowa 51 · Supreme Court of Iowa · Jun 1, 1903

Referring first to the solicitude expressed by the majority for the maintenance of “established canons,” I must be permitted to affirm that there- is known to the law but one invariable rule of construction applying alike … His wife is designated no more clearly or specifically than the other beneficiaries.

State v. Mark

286 N.W.2d 396 · Supreme Court of Iowa · Dec 19, 1979

The State claims that this objection is too general to preserve for our review the issue of whether the witness qualified as an expert, citing the following cases: State v. … The identity of the murderer was clearly at issue during defendant’s trial.

Wabash Railway Co. v. Iowa & Southwestern Railway Co.

200 Iowa 384 · Supreme Court of Iowa · Mar 10, 1925

No stock of this corporation was issued, except such as was necessary for its officers to qualify. … The case is in that respect clearly distinguishable from the ease at bar.

Wickey v. Muscatine County

242 Iowa 272 · Supreme Court of Iowa · Feb 6, 1951

The hospitals, therein *277 provided for, are established and maintained by general ad valorem taxes. … A. clearly and definitely states that any bonds issued and sold thereunder shall be “payable solely as to both principal and interest from the revenues to be derived from the operation of such hospital.”

Ontjes v. McNider

224 Iowa 115 · Supreme Court of Iowa · Sep 28, 1937

McNider, his widow, were thereafter appointed executors, of his will and duly qualified. The original claim in this action was filed August 6,1931. … Such order clearly would be final and, therefore, appealable.

Office of Consumer Advocate v. Iowa State Commerce Commission

465 N.W.2d 280 · Supreme Court of Iowa · Jan 23, 1991

First, it claimed that the United filing did not meet the four-factor test established by the Utilities Board. … Clearly the other safeguards secured by the fourteenth amendment (citizenship, privileges and immunities, and equal protection) had no bearing on the case.

Vance v. Grohe

223 Iowa 1109 · Supreme Court of Iowa · Sep 21, 1937

In substance the court told the jury that it was not incumbent upon the plaintiff to establish his freedom from contributory negligence by direct and positive evidence, but that want of negligence on his part might be established … The giving of this instruction was held clearly erroneous.

Calkins v. Adams County Cooperative Electric Co.

259 Iowa 245 · Supreme Court of Iowa · Jul 14, 1966

qualified this statute on that ground and distinguishes it from the verbiage in the Henderson case. … The rebuttable presumption of negligence created by the Workmen’s Compensation Act, section 85.19, is much stronger than that considered here and clearly shifts the burden of proof.

Chase v. Morningside State Bank

246 Iowa 1053 · Supreme Court of Iowa · Jun 7, 1955

The defense of voluntary payment is clearly in the same category, and the appellant does not contend otherwise. It was required to be, and was, specially pleaded. … It may be well to point out the qualifying word “properly” in the foregoing quote, which is from Truax v. Ellett, 234 Iowa 1217, 1225 , 15 N.W.2d 361 , 365.

Daniel v. Best

224 Iowa 1348 · Supreme Court of Iowa · May 3, 1938

Borde-wick, the duly appointed and qualified administrator de bonis non with the will annexed of the estate of John Young, deceased, be made a party defendant, and that, if any part of the interest owned by John Young, deceased … The trial court clearly found that these two banks were not branch banks and its finding is fully supported by the evidence.

Overton v. Iowa Department of Job Service

338 N.W.2d 130 · Supreme Court of Iowa · Sep 21, 1983

Clearly the compensation was not sick pay nor was it intended to be. … Finally, the agency did not establish that submission and approval of SUB plans actually occur in practice.

State v. Smith

262 N.W.2d 567 · Supreme Court of Iowa · Feb 22, 1978

From our independent evaluation of the totality of the circumstances we conclude defendant established indigency. State v. … . *574 “To qualify for appointed counsel, it is not necessary that an accused person be utterly destitute or totally insolvent.

United Telephone Co. of Iowa v. Iowa State Commerce Commission

257 N.W.2d 466 · Supreme Court of Iowa · Aug 31, 1977

The Commission’s contention is clearly erroneous. III. … Clearly, the Company’s position is without merit and cannot be sustained. VII.