Case law

Iowa Ag Construction Co., Inc., An Iowa

Supreme Court of Iowa · Sep 15, 2006

when the consequences resulting from the establishment of that fact are understood to be serious and of great importance. … Windows and cooling and ventilation systems qualify as “property which, under normal conditions, becomes a part of realty.” Id. r. 701—19.10(2)(c).

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.

Racing Ass'n of Central Iowa v. Fitzgerald

675 N.W.2d 1 · Supreme Court of Iowa · Feb 3, 2004

In summary, “ ‘[a] statute must clearly, palpably, and without doubt infringe upon the constitution before we will declare it unconstitutional’” Glowacki, 501 N.W.2d at 541 (citation omitted). … In contrast, article I, section 6 of the Iowa Constitution states: "All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities

Kennedy v. Oleson

251 Iowa 418 · Supreme Court of Iowa · Feb 9, 1960

Defendants contend the boundary line should be established as a straight line no farther west than the most easterly line of the garage. … if it is so found such boundary shall be permanently established.

DEPT. OF GEN. SERV. v. RM Boggs Co., Inc.

336 N.W.2d 408 · Supreme Court of Iowa · Jul 20, 1983

Judge Denato thought that time had come in the present case, and I would not find his discretion was exercised on clearly untenable grounds or to a clearly unreasonable extent. HARRIS, J., joins in this dissent. … I do not believe that problems of overlapping trial schedules are susceptible to being remedied by establishing rules of general application. Such problems are best handled on an ad hoc basis.

Bruner v. Brotherhood of American Yeomen

136 Iowa 612 · Supreme Court of Iowa · May 17, 1907

which the court could find' any habit or practice upon the part of the defendant association or of the 'local lodge to ignore or omit the requirement of “ adoption ” as preliminary to the recognition of an applicant as a qualified … assessment and the entry of his suspension in one of the books of the local correspondent, which are consistent with the theory that he was recognized as a member; but the manner in which these things occurred is not so clearly

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.

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.

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.

KFC Corporation Vs. Iowa Department Of Revenue

792 N.W.2d 308 · Supreme Court of Iowa · Dec 30, 2010

Justice Stevens closed his opinion by noting that the decision, apparently a difficult one, was “made easier” by the fact Congress, which “may be better qualified to resolve” the issue, could have the last word. … Quill clearly established that a small sales force, plant, or office is enough to satisfy the nexus test under the dormant Commerce Clause. See id. at 315, 112 S. Ct. at 1914–15, 119 L. Ed. 2d at 108.

Tesene v. Iowa State Bank

186 Iowa 1385 · Supreme Court of Iowa · Sep 20, 1919

It may be conceded, we think, that there is no showing that the *1392 board of directors, by any express or formal vote or rule or resolution, granted any authority of that nature; but it does appear, too clearly to admit … There is nothing unlawful or reprehensible in such practice, nor is it in any manner inconsistent with the business the ordinary banking concern is established to carry on.

Jessen Liquor Co. v. Phoenix Distillery Co.

171 Iowa 505 · Supreme Court of Iowa · Jun 21, 1915

In such case, the shipper retains a qualified title or interest in- the shipment to secure payment of his claim, and as a general rule at least, neither the carrier nor the bank has any authority to deliver the goods or surrender … Plaintiff having failed to establish its alleged right of present possession at the time this action was begun, the judgment for defendant was properly entered. 3 judgments • form: replevin.

Royal Indemnity Company, As Successor In Interest To Globe Indemnity Company, A Member Of Royal & Sunalliance Usa, Inc. And Federal Insurance Company, A Member Of The Chubb Group Of Insurance Companies, As Good Faith Subrogees Of Deere & Company, A Delaware Corporation Vs. Factory Mutual Insurance Company A/k/a Fm Global A/k/a Factory Mutual Engineering, A Rhode Island Limited Liability Co. v. Factory Mutual Insurance Company A/k/a Fm Global A/k/a Factory Mutual Engineering, A Rhode Island Limited Liability Company.

Supreme Court of Iowa · Jun 11, 2010

These are clearly different inspections. … Pro Tanto Issue and Iowa’s Immunity Statute. FM contends that Iowa’s inspection immunity statute, Iowa Code section 517.5, bars Royal’s contract and negligence claims.

Iowa Credit Union League v. Iowa Department of Banking

268 N.W.2d 165 · Supreme Court of Iowa · Jun 28, 1978

The legislature authorized establishment of both of such types of institutions. … To be a member in a credit union, a person must be elected to membership and qualify by subscribing for a participating share.

Klages v. Freier

225 Iowa 586 · Supreme Court of Iowa · Aug 5, 1938

He posted the requisite bond, duly qualified as receiver, and assumed the duties of his office. … Clearly, under such a record we can come to no other conclusion than that the appellees under order of court loaned their money to the receiver, and that this indebtedness became an expense of administration which must be

Robbins v. Iowa Department of Inspections & Appeals

567 N.W.2d 653 · Supreme Court of Iowa · Jul 23, 1997

Clearly Robbins’ discharge was warranted under this record, and the district court correctly upheld the department’s conclusions on this ground. B. Notice. … Compliance with the applicable notice requirements for involuntary discharge was also established. We thus affirm the judgment of the district court. AFFIRMED. 1 .

Alan Andersen v. Sohit Khanna and Iowa Heart Center

913 N.W.2d 526 · Supreme Court of Iowa · Jun 15, 2018

Khanna was not qualified." The court ruled that limine request was SUSTAINED as to negligent credentialing. Dr. … State , 906 N.W.2d 186 , 194 (Iowa 2018) ("A court abuses its discretion when the grounds or reasons for the court's decision are 'clearly untenable' or when the court has exercised its discretion to an extent that is 'clearly

Morgan v. State

469 N.W.2d 419 · Supreme Court of Iowa · Apr 17, 1991

Clearly Morgan’s conviction was final when the Supreme Court decided Coy v. Iowa. … But that mistake falls short of qualifying as a breach of an essentia] duty. B. Prejudice. Morgan also falls short of establishing prejudice.

Henneman v. McCalla

260 Iowa 60 · Supreme Court of Iowa · Feb 7, 1967

This proposal, clearly slanted in favor of defendants, is repetitious and not properly balanced. … While instructions 21 and 21% might well have been better and more clearly phrased, they were in fact more favorable to defendants than to plaintiff.

In the Interest of J.R.H.

358 N.W.2d 311 · Supreme Court of Iowa · Nov 14, 1984

A proceeding to determine whether the children are in need of assistance due to the mother’s unfitness could result in temporary foster home placement of these Indian children and clearly falls under the ICWA. … Of course, this must be established by testimony of qualified expert witnesses. 25 U.S.C. § 1912 (e) (1982).