Case law

State v. Christie

243 Iowa 1199 · Supreme Court of Iowa · Jun 10, 1952

Clearly those eases are not controlling here. The same may be said of other murder cases cited. State v. Phillips, 118 Iowa 660, 677 , 92 N.W. 876, 881 , was reversed because of erroneous instructions. … Stansberry, supra ( 182 Iowa at page 917 ), that “something must be left to the discretion of the trial judge, who has the entire situation before him, and who is best qualified to give due consideration to the entire situation

Haines v. Modern Woodmen of America

189 Iowa 651 · Supreme Court of Iowa · Sep 29, 1920

It may safely be said, however, that, until such agreement be clearly shown, the courts will be very slow to abdicate their most important function of determining the truth by the tests and rules presented by centuries of … tested and weighed according to the law of the land; and this contract, once made, is immune against any action by the insurer tending to its material impairment.

United Suppliers, Inc. D/B/A Greenbelt Transport v. Renny Hanson, R. Hanson Trucking, Inc., and Kenneth Dirisio v. Nationwide Agribusiness Insurance Company, Cross-Appellee. Appeal From the Iowa District Court for Hardin County, Michael J.

876 N.W.2d 765 · Supreme Court of Iowa · Mar 11, 2016

Furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments when a part of the stock, equipment, or supply of such establishment; except, … this paragraph shall not be construed to include the stock-in-trade of any establishment, except when transported as an incident to the removal of the establishment from one location to another.

Kane v. State

436 N.W.2d 624 · Supreme Court of Iowa · Feb 22, 1989

To establish a claim of ineffective assistance of trial counsel, we have indicated the applicant must show: 1) that counsel’s performance was so deficient as not to be functioning as “counsel” guaranteed by the sixth amendment … But this is a far cry from qualifying as ineffective representation. Id. at 633 . Counsel’s decision in the present case was very much a judgment call which we find was reasonably warranted.

Morse v. Times-Republican Printing Co.

124 Iowa 707 · Supreme Court of Iowa · Sep 23, 1904

It is -well established that it is no defense in this class of cases to show that the defamatory publication was first made by another person or newspaper, and was simply copied, with proper credit. … Hume. “ The press does not possess *725 any immunities not shared by every individual,” Flandreau, J., in Aldrich v. P. P. Co.

Tim Neal v. Annett Holdings, Inc.

814 N.W.2d 512 · Supreme Court of Iowa · Mar 2, 2012

and for which the employee was qualified, and (2) that the employee failed to seek such a position with reasonable care and diligence. … Trout, which establishes under Pennsylvania law the outer boundaries of agency discretion in denying a claim, cannot be turned upside down and used as authority to establish the inner boundary of agency discretion where the

State v. Williams

63 Iowa 135 · Supreme Court of Iowa · Mar 20, 1884

The evidence shows pretty clearly that, after the trustees came, Anderson sent for the defendant, Williams. At all events, Williams came there very soon after the trustees arrived. … We have not set out the evidence which the state claimed established a conspiracy, because we think the case must be disposed of without reference to the question whether a conspiracy was proved or not.

Altman v. Independent School District

239 Iowa 635 · Supreme Court of Iowa · May 4, 1948

been met, then it is their duty to proceed to establish the boundaries and call the meeting of the voters.” … We are satisfied that the duty to establish the district was clearly mandatory and not discretionary if the prior petitions authorizing the action of the Board were sufficient.

Sullivan ex rel. Orton v. Kenney

148 Iowa 361 · Supreme Court of Iowa · May 10, 1910

Petition being filed, Hugh Sullivan was appointed temporary guardian and duly qualified as such. … While not absolutely controlling, this rule as to presumptions and the burden of -proof seems to be well established.

Trimble v. State

2 Greene 404 · Supreme Court of Iowa · May 15, 1850

It is alleged, that by confining the selection of grand and petit jurors, the accused has been'curtailed in his right to have his case submitted to juries made up of qualified voters chosen from the body of the county of … It is clearly the province of the legislature, as it is their duty, to provide for the municipal convenience and welfare of the counties of the state in judicial policy.

In Re Guardianship of Barner

201 Iowa 525 · Supreme Court of Iowa · Mar 9, 1926

Duncan duly qualified as such temporary guardian, and filed an inventory of the prop-' erty of his ward. … The order of court for the employment by him of counsel clearly shows that it had no reference to the trial of any question involving the removal of the temporary guardian as such.

FIRST NATIONAL BANK IN LENOX v. Brown

181 N.W.2d 178 · Supreme Court of Iowa · Nov 10, 1970

Proof essential to establish fraud in law and in equity is distinguishable. … The record clearly discloses Zabel so comported himself that he knew or should have known from Wyn Brown’s questions and reaction that the latter trusted him implicitly.

Crippen v. City of Cedar Rapids

618 N.W.2d 562 · Supreme Court of Iowa · Oct 11, 2000

These recycling services were funded by assessments made to each qualifying dwelling, regardless of whether the residents used the cities’ recycling services. … Clearly, the service itself — solid waste collection and disposal — is part of the exempted system. B.

Prenosil v. Pelton

186 Iowa 1235 · Supreme Court of Iowa · Jul 10, 1919

Conover, 126 Iowa 31 , we restated the rule substantially as above expressed, saying: “The force of the qualifying word, we think, is simply that, while the parties do not bind themselves to the precise quantity of 65 acres … Taking the evidence as a whole, it clearly fails to establish the defendants’ proposition that the sale and conveyance were made with knowledge and understanding on part of the grantees that the land was so largely deficient

Martinson v. Iowa State Highway Commission

257 Iowa 687 · Supreme Court of Iowa · Apr 6, 1965

The other sales were clearly admissible for the purpose of laying a foundation for Mr. Molison’s opinion. That was all they were offered for. … They said: “When the effort is not to show the sale of other property * * * as a standard of value, but these are referred to by a witness experienced in dealing with such properties in the neighborhood and qualified to have

McSpadden v. Big Ben Coal Co.

288 N.W.2d 181 · Supreme Court of Iowa · Jan 23, 1980

This case is clearly distinguishable from McDowell v. Town of Clarksville, 241 N.W.2d 904, 908-09 (Iowa 1976), and Catalfo v. … The propose of the presumption in section 85A.13(2) is to establish a causal link between the disease and the employment, not to establish the disease in the first place.

Ottumwa Housing Authority v. State Farm Fire & Casualty Co.

495 N.W.2d 723 · Supreme Court of Iowa · Feb 17, 1993

The language “arising out of and in the course of employment” has established meaning under our workers compensation law: “Arising out of” relates to the cause and origin of the injury. … The exclusion therefore clearly applies. VI. Bad Faith. OHA mounts a two-prong attack in its claim for bad faith.

State v. West

197 Iowa 789 · Supreme Court of Iowa · Jan 16, 1923

Clearly, there is no presumption that statutes enacted by the legislature are unconstitutional. … A qualified expert can testify that a house is an old house, and give his opinion as to its age. This is so as to many other things.

Ruden v. Jenk

543 N.W.2d 605 · Supreme Court of Iowa · Feb 14, 1996

The probate court entered a ruling in July concluding that the assignment was ineffective and, although intended to be a testamentary document, did not qualify as a will pursuant to Iowa law. … Clearly there is a factual issue as to the existence of an attorney-client relationship between Jenk and the plaintiffs personally.

Harrington v. State

659 N.W.2d 509 · Supreme Court of Iowa · Feb 26, 2003

Clearly there is. Both classes of evidence are the type of facts having the potential to qualify as material evidence that probably would have changed the outcome of Harrington’s trial. … That is all that is required to establish the materiality of the undisclosed evidence. See Lay v.