Case law

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.

In the Matter of the Estate of Glen A. Waterman, Jingles Ti-Okay Waterman

847 N.W.2d 560 · Supreme Court of Iowa · Jun 6, 2014

The Bushaws further assert the compensation owed to them for work done and materials furnished by them during their occupation exclusively for the improvement of the subject homestead clearly qualifies as a debt “incurred … The test for good faith in chapter 560 for occupying claimants is therefore clearly a subjective—not an objective—test. See Sieg Co. v.

State v. Hallum

606 N.W.2d 351 · Supreme Court of Iowa · Feb 16, 2000

Although he was then granted immunity as to the events surrounding Rubottom’s death, he persisted in his refusal to testify in the defendant’s case. … Clearly his statement was not totally lacking in reliability so as to give rise to a due process violation.

DeCoster v. Franklin County

497 N.W.2d 849 · Supreme Court of Iowa · Mar 31, 1993

County boards of health are empowered to enforce the standards and licensing requirements established by the departments. … We believe the storage and disposal of hog waste from a holding basin is even more clearly a part of the agricultural function.

Laurie Freeman, Sharon Mockmore, Beccy Boysel, Gary D. Boysel, Linda L. Goreham, Gary R. Goreham, Kelcey Brackett, and Bobbie Lynn Weatherman v. Grain Processing Corporation

848 N.W.2d 58 · Supreme Court of Iowa · Jun 13, 2014

We reserve the right to apply the federal standards differently because the six factors in Baker are not clearly defined and are open-ended. … The caselaw generally stands for the proposition that actions for damages are relatively immune to efforts to dismiss based upon the political question doctrine. See, e.g., Gordon v.

Thorp v. Casey's General Stores, Inc.

446 N.W.2d 457 · Supreme Court of Iowa · Oct 17, 1989

We further hold that the State is responsible for the acts of its employees who are not immune from liability for violating alcoholic beverage statutes. … We believe that the State’s reliance upon section 123.13 does not give effect to the qualifying language “performed in the *465 reasonable discharge” of the employee s duties.

MIMG CLXXII Retreat on 6th, LLC v. Mackenzie Miller and Parties in Possession

Supreme Court of Iowa · Jan 24, 2025

Subsection (b) establishes the 120-day moratorium through July 24, 2020, on filing eviction cases for nonpayment or on imposing late fees. … Supreme Court Precedent Borrowing from Adjacent Provisions to Qualify a Seemingly Unqualified Provision. “Context is a primary determinant of meaning.

Semler v. Oertwig

234 Iowa 233 · Supreme Court of Iowa · Dec 14, 1943

The italicized words clearly express the intention that the application may be made “at any stage” of the proceedings. … But in some few cases absence may be a policy, instead of the result of military service, and discretion is vested in the courts to see that the immunities of the Act are not put to such unworthy use.”

Simonson v. C., R. I. & P. R. Co.

49 Iowa 87 · Supreme Court of Iowa · Jun 14, 1878

Life tables have been held to be admissible where an injury has resulted in death to show the prospect of life, and yet the only point to be established is the probable period of earning money. … If the plaintiff had offered to show the average earnings of young men at Council Bluffs, of Nelson’s age and condition in life, the evidence would have been clearly inadmissible.

TSB Holdings, L.L.C. and 911 N. Governor, L.L.C. v. City of Iowa City, Iowa

913 N.W.2d 1 · Supreme Court of Iowa · Jun 1, 2018

Moreover, we seek to give force to those matters that are clearly implied, as well as expressed. Rinehart v. State, 234 N.W.2d 649, 656 (Iowa 1975). … A use has not been established on lots 10, 49, and 51.

State v. Lindsay

161 Iowa 39 · Supreme Court of Iowa · Apr 8, 1913

The second .sentence is clearly correct, is in accordance with the uniform tenor of the authorities, and is neatly and perspicuously expressed. … In the two eases last above cited, the qualifying phrase found in some of the previous eases did not appear in the instructions there under consideration.

Dickey v. Barnstable

122 Iowa 572 · Supreme Court of Iowa · Feb 4, 1904

“To have and to hold'the said premises with the rights, immunities and privileges .thereunto belonging, to the said parties of the second part, in the following manner, to wit: “The undivided one-half of said premises to … Such a case is clearly distinguishable from those wherein it is held that a condition or limitation over after the grant of an absolute estate is void for repugnance.

Leland v. Johnson

227 Iowa 520 · Supreme Court of Iowa · Nov 21, 1939

Leland, appellant herein, was appointed executrix and she qualified as such. … Tbe trial court was clearly warranted, under tbe record herein, in finding tbat, if there was any such loan and promise, tbe transaction occurred prior to November 1,1912, and tbe mere posting of interest, as it accrued,

Amended June 22, 2017 Dennis Willard v. State of Iowa

Supreme Court of Iowa · Apr 7, 2017

The first issue we must address is whether the PSN qualifies as a morbidity and mortality study under Iowa Code section 135.40. … Under the doctrine of last preceding antecedent, a qualifying word or phrase only refers to the immediately preceding antecedent unless the language of the statute clearly demonstrates a contrary legislative intent.

Peverill v. Board of Supervisors

208 Iowa 94 · Supreme Court of Iowa · Dec 14, 1928

to its establishment as such under the county-area plan. … The court there admits the early dictum of Justice Field that due process was no limitation on the police power, but qualifies it with the statement that: ‘' There are, of necessity, limits beyond which legislation cannot

Schildberg v. Schildberg

461 N.W.2d 186 · Supreme Court of Iowa · Sep 19, 1990

Testimony at trial established that it was E.F.’s plan to delegate through the trust the power in Dennis to select from the upcoming generations of Schildberg families the .most qualified person to control the voting shares … Clearly, a trustee has the duty to provide an accounting to the beneficiaries. Cox v.

In Re Estate of Karr

235 Iowa 351 · Supreme Court of Iowa · Dec 12, 1944

It clearly indicates the contrary, and that any changes made might be reductions of bequests or a redistribution because of decreased values. … the claim by his qualifying as administrator e. t. a.

Campbell v. Centerville Block Coal Co.

190 Iowa 18 · Supreme Court of Iowa · Nov 26, 1920

Hall, after qualifying as an expert, testified to having ascertained the weight of a cubic foot of coal by placing a chunk thereof in a bucket of water, weighing the water displaced thereby, as well as the chunk of coal; … Its voluntary course in correcting the mistakes discovered strongly tends to establish its good faith, but the fact that these mistakes occurred, and its system of ascertaining the amount of coal taken from the Raven mine

State v. Rodriquez

636 N.W.2d 234 · Supreme Court of Iowa · Nov 15, 2001

An abuse of discretion occurs when the trial court exercises its discretion “on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” State v. Maghee, 573 N.W.2d 1, 5 (Iowa 1997). … Thus, the trial court’s decision will not be overturned unless the trial court “exercised [its] discretion on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” Maghee, 573 N.W.2d at 5 .

State of Iowa v. David Howard Rooney

Supreme Court of Iowa · Apr 10, 2015

Compare Iowa Code § 713.3(2) (establishing first-degree burglary as a class “B” felony), with id. § 713.5(2) (establishing second-degree burglary as a class “C” felony), with id. … § 713.6A(1) (establishing third-degree burglary as a class “D” felony or an aggravated misdemeanor).