Case law

Murillo v. Blackhawk Foundry

571 N.W.2d 16 · Supreme Court of Iowa · Nov 26, 1997

The court determined the commissioner, in establishing the industrial disability, improperly considered Black-hawk’s accommodation of Murillo. … Clearly, without the accommodation, claimant’s disability would be permanent and total.” Id.

Vimont v. Chicago & Northwestern Railway Co.

64 Iowa 513 · Supreme Court of Iowa · Oct 21, 1884

Those of Johnson certainly cannot be, but, if they should, lie would clearly be estopped from complaining. … This case is clearly distinguishable from Browne v. Strode, 5 Cranch, 303 , and McNutt v. Bland, 2 Howard, 9 .

State v. Shipley

757 N.W.2d 228 · Supreme Court of Iowa · Jul 18, 2008

It is clearly designed to allow for the routine introduction into evidence of certified driving records with a minimum of foundational requirements. … Although the parties do not always clearly distinguish them, there are two distinct confrontation issues lurking in the shadows of this case.

Schofield v. White

250 Iowa 571 · Supreme Court of Iowa · Feb 10, 1959

Suicide, where wilful intent is present, is clearly a bar to compensation. Nor will *576 compensation be allowed where death results from an accident in no way connected with the employment. … Cash, called by the defendant, after qualifying as an expert in neurology and psychiatry testified: “Suicide is the result -of a process that goes from loss o-f interest to inability to enjoy life entirely, to indifference

State v. Doudna

226 Iowa 351 · Supreme Court of Iowa · Feb 14, 1939

The above cases are not cited with the thought of establishing the doctrines therein enunciated and upon these matters no opinion is expressed. … The variance in the make-up and meaning of these two instruments is not material and it cannot be fairly said that although the former is clearly a check, the latter is not a check but a note.

Mathews v. Turner

212 Iowa 424 · Supreme Court of Iowa · May 5, 1931

Clearly two amendments to the fundamental law are proposed and the voter can not choose one and reject the other. … The ordinary voter would readily understand that the funds would be used upon said described roads as previously established.

Community School District of Postville v. Gordon N. Peterson, Inc.

176 N.W.2d 169 · Supreme Court of Iowa · Apr 7, 1970

In any event, it was pointed out that if anything but full satisfaction was contemplated, the instrument should say so, and it recognized that a covenant not to sue or the use of a qualified release was available to avoid … It was then believed that such a well-established rule was desirable.

State v. Thompson

254 Iowa 331 · Supreme Court of Iowa · Oct 16, 1962

It is well established that the false statements of the defendant in a perjury action may be shown by the court reporter who took the testimony. 41 Am. … The circumstances clearly justified the submission of the issue to the jury. VI. Further complaint is made and error assigned upon the conduct of the county attorney in argument.

State of Iowa v. Jerry Lynn Burns

Supreme Court of Iowa · Mar 31, 2023

In 1857, the people of this state did “ordain and establish a free and independent government, by the name of the State of Iowa.” Iowa Const. pmbl. … Rev. at 786 (“Tort law remedies were thus clearly the ones presupposed by the Framers of the Fourth Amendment and counterpart state constitutional provisions.”).

Mason v. Mason

194 Iowa 504 · Supreme Court of Iowa · Jun 23, 1922

In this action, the plaintiffs, as the residuary devisees under the will of Sarah Mason, seek to confirm and establish their claim of title to the 43 acres of land mentioned in the paragraph above quoted, it being their theory … Paragraph A is clearly a bequest of $2,000 to John, with a personal privilege to him, if exercised within the stated time limit, to receive the described tract of land.

Todd v. State Bank

182 Iowa 276 · Supreme Court of Iowa · Dec 20, 1917

This agreement qualifies and conditions the liability of the parties, and that condition inheres in and qualifies the obligation of each from the inception of the contract relation; and he who acquires a promissory note having … If, however, such alleged credit is not established on the hearing, then judgment shall be entered for the plaintiff for the amount of his deposit, without deduction.

In Re Guardianship of Anderson

208 Iowa 191 · Supreme Court of Iowa · May 7, 1929

Myers, the minor’s brother-in-law, was duly appointed and qualified as such trust officer, on or about November 23, 1915. He acted in that capacity until appellee became of age. … Clearly, the trust funds were administered for the benefit of the guardian, rather than for the ward.

Lee v. Lee

207 Iowa 882 · Supreme Court of Iowa · Mar 5, 1929

Next in the.order of events, appellant, on November 16, *885 1927, filed his- petition to foreclose his mortgage, and impleadéd the appellee State Savings Bank, in order to establish the superiority of the mortgage over the … Clearly, on February 18, 1925 (the date of the assignment), Euretha Lee had no further interest in her father’s property, so far as shown by the. record; for it is to be remembered the estate of the father had been settled

Justin Loew v. Menard, Inc., and XL Insurance America

Supreme Court of Iowa · Feb 9, 2024

“In the grand bargain removing workers’ compensation matters from the civil justice system, employers receive immunity from potentially large tort lawsuits . . . on the condition that they pay compensation benefits for … The statute does not establish a credit system where an employer gets to avoid paying for a new disability.

City of Dubuque v. C. D. & M. R.

47 Iowa 196 · Supreme Court of Iowa · Oct 24, 1877

But it does not establish that the corporation property is subject to taxation as the property of individuals, according to the mandatory provision of the constitution. … The views of our brothers are clearly stated in the following extract from the opinion: “ It (the statute) does not provide a special manner .of assessing the property of railroad corporations, as such, but rather of railroad

In Re Kneebs'estate

70 N.W.2d 539 · 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.

Northrup v. Miles Homes, Inc. of Iowa

204 N.W.2d 850 · Supreme Court of Iowa · Feb 21, 1973

But defendants argue before the owner so testifies he must affirmatively establish he has knowledge of value. … I have never been in cases where two qualified experts have taken opposite opinions. * * * Two qualified experts would not take opposite opinions.”

Keeney v. De La Gardee

212 Iowa 45 · Supreme Court of Iowa · Apr 10, 1931

First, the plaintiffs relied upon expert testimony to establish the genuineness of defendant’s signature. … Nor, were it otherwise, is the defendant in a position to complain of an instruction which he clearly invited.

Anderson Financial Services, Llc D/b/a Loan Max And Loan Smart Vs. Thomas J. Miller, Attorney General Of The State Of Iowa In His Official Capacity

Supreme Court of Iowa · Jul 24, 2009

In that case, this court considered whether an amendment to Iowa’s workers’ compensation statute immunizing coemployees unless the injured employee proved gross negligence should be given retrospective … Regardless of the motivation for enacting the new law, the statute itself clearly “defines and regulates” lenders’ right to impose finance charges and is, therefore, substantive.

State v. Atley

564 N.W.2d 817 · Supreme Court of Iowa · Jun 18, 1997

The record in this case clearly establishes however, that even assuming a potential conflict presented itself, there clearly was no adverse effect on Callaway’s performance. … An abuse of discretion occurs only when the discretion was exercised on grounds or for reasons clearly untenable or to an extent clearly unreasonable. Ruble, 372 N.W.2d at 218 .