Case law

In Re Assignment of Brady

216 Iowa 320 · Supreme Court of Iowa · Jun 20, 1933

The assignee on the same day duly qualified and took possession of all of said property so assigned to him. … Upon said hearing, the appellee’s claim was established in the amount of $4-15.

Mitchell v. City of Cedar Rapids

926 N.W.2d 222 · Supreme Court of Iowa · Apr 5, 2019

[the] order are clearly untenable or unreasonable.’ ” Id. at 535 (quoting Mediacom Iowa, L.L.C. v. Inc. City of Spencer, 682 N.W.2d 62, 66 (Iowa 2004)). … Evidence of a contrary legislative intent can arise when a comma separates the qualifying phrase from the antecedent. In this circumstance, the qualifying phrase generally applies to all antecedents.

City of Riverdale, Iowa v. Allen Diercks, Marie Randol, and Tammie Picton

806 N.W.2d 643 · Supreme Court of Iowa · Nov 18, 2011

Cerberus Ltd., 764 F.2d 204, 209 (3d Cir. 1985) (declining to remand “for an explicit finding of bad faith when it is clearly evident from the district court’s expressions and from the record as a whole, that the district … Williams, 240 Iowa 561, 579, 36 N.W.2d 739, 749 (1949) (holding advice of counsel does not per se immunize a person from a malicious prosecution suit); Ahrens v. Ahrens, 386 N.W.2d 536, 538 (Iowa Ct.

State v. Hunter

118 Iowa 686 · Supreme Court of Iowa · Dec 20, 1902

This language is somewhat qualified by other parts of the opinion, but these qualifications seem to have no reference to the facts now before us. … The language used by his counsel clearly in- . ^jca^.0g jje n0"fc. The remark was, “The defendant waives one more challenge.”

Faust v. Parker

197 Iowa 1224 · Supreme Court of Iowa · May 13, 1924

We are of opinion that this point must be sustained, and that the verdict is so excessive as to clearly indicate passion and prejudice, and that it was not cured by the reductions by plaintiff and by the court. … said that this stock had a value in *1229 the summer of 1919; that it did not have any market value, because it was not listed on any of the stock exchanges of the country; that, in some cases, the value of anything- is established

Orris v. Whipple

224 Iowa 1157 · Supreme Court of Iowa · Jun 21, 1938

Whipple was appointed and qualified as executor. He obtained the deed in question from the safety box and has since retained it. … We will thus have returned to the long and well established rule and be in step with our sister states, and supported by the great weight of authority.

Beresford v. American Coal Co.

70 L.R.A. 256 · Supreme Court of Iowa · Mar 18, 1904

That is a question going only to the manner of qualifying under an appointment already made, and not to the validity of the appointment. … On the contrary, *39 if the undisputed evidence is to be believed, both of-these propositions are so clearly negatived that a vcrdiet to the contrary could not be upheld.

Helms v. Helten

290 N.W.2d 876 · Supreme Court of Iowa · Apr 23, 1980

It creates what is variously known in the law as a conditional, or defeasible, or base or qualified fee. Rodenburg v. Rodenburg, 247 Iowa 444, 447 , 74 N.W.2d 241, 243 (1956). … These activities clearly indicate that Carl took title to the property under the will and that the condition subsequent was not enforced during the probate proceedings.

Community Lutheran School v. Iowa Department of Job Service

326 N.W.2d 286 · Supreme Court of Iowa · Nov 24, 1982

The record establishes that the Lutheran schools are separately incorporated and have a legal existence apart from the churches that formed them. The test delineated in St. … Thus, Congress clearly expected that the "operated primarily for religious purposes" language contained in section 3309(b)(1)(B) be narrowly construed, at least as applied to educational institutions. B.

Crozier v. Lenox Mutual Insurance Association

252 Iowa 1176 · Supreme Court of Iowa · Aug 15, 1961

He was properly qualified to testify as an expert within his field of study and experience. … Instruction No. 8 “The evidence establishes that the barn in question was under reconstruction.

State v. Brady

194 Iowa 545 · Supreme Court of Iowa · Jun 21, 1922

Another exhibit showed the authorized capital of the concern to be $500,000, every dollar of which had been issued to one Brac.h-vogel “for the purchase of ground, establishment of trackage, grading, construction of fences … While the secretary of state granted the permit, as stated, he Avas not satisfied with the financial sIioav-ing, and qualified the order with the statement that, if an amended statement was not filed Avithiu a reasonable

In Re the Municipal Court of Cedar Rapids

188 N.W.2d 354 · Supreme Court of Iowa · Jun 17, 1971

Impression further is that he obeys the administrative rules established by the court generally. … The process for removal may be instituted by the Attorney General in any case, or by five qualified electors of the municipality where the duties of the office are to be performed.

Larry R. Hedlund v. State Of Iowa, K. Brian London, Commissioner of the Iowa Department of Public Safety, Individually Charis M. Paulson, Director of Criminal Investigation, Individually Gerard F. Meyers, Assistant Director Division of Criminal Investigation, Individually

Supreme Court of Iowa · Jun 9, 2023

Subsection (1)(a) of the statute established qualified immunity for municipalities. Id. at ___. We determined that the activity that this subsection meant to regulate was the unlawful conduct alleged in the petition.

Downing v. Farmers Mutual & Fire Insurance

158 Iowa 1 · Supreme Court of Iowa · Dec 12, 1912

This was repeated so often and so clearly that to say confusion or misunderstanding could have arisen in the minds of the jurors concerning this elementary rule is an impeachment of their sanity. … It is that which qualifies them to exercise judgment, and affords the only just basis for confidence in the correctness and integrity of the opinion or conclusion registered by their verdict.

Ballard-Hassett Co. v. City of Des Moines

207 Iowa 1351 · Supreme Court of Iowa · Feb 14, 1928

The appellant contends, in effect, that the' foregoing proviso of the bond is *1355 negatived, or at least qualified, by the later provision-that the bond is “payable only out of the special assessment fund,” etc. … If the city had then the right to so stipulate, it clearly has the-same right now to avail itself of the stipulation.

In Re Estate of Hazeldine

225 Iowa 369 · Supreme Court of Iowa · Jun 21, 1938

Lafferty was duly appointed and qualified as administrator of Hazeldine’s estate and on March 14, 1936, the claim herein involved was filed against said estate. … Moreover, his evidence clearly shows that Hazeldine told him that Mrs. King and Mrs.

State v. Gleason

431 N.W.2d 363 · Supreme Court of Iowa · Nov 23, 1988

Clearly this purpose would be thwarted by an interpretation which actually provided an incentive to flee as soon as possible. … City of Cedar Rapids, 286 N.W.2d 393 (Iowa 1979) (regarding a prosecutor's immunity from civil liability).

State v. McConnell

178 N.W.2d 386 · Supreme Court of Iowa · Jun 23, 1970

It clearly gives both the court and the accused due notice of what offense is intended to be charged against defendant, the name and age of the involved child or children, and the acts complained of. … However, his real objection was to the State’s attempt to qualify its Exhibit No. 1 by the testimony of this witness.

State v. Mann

602 N.W.2d 785 · Supreme Court of Iowa · Nov 17, 1999

The Iowa Constitution similarly provides that [a]II 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, which, upon … Clearly the State has a legitimate interest in holding persons responsible for their *793 criminal acts.

Amended September 4, 2014 State of Iowa v. Nathan Daniel Olsen

Supreme Court of Iowa · Jun 20, 2014

We have held, for instance, that whether a predicate felony from another state qualifies under Iowa Code section 724.26 depends upon whether that state’s punishment qualifies as a felony under Iowa’s statutory definition … In Menard, the Rhode Island Supreme Court held that its felon-in-possession statute clearly required the application of Rhode Island law in interpreting which out-of-state convictions qualified as predicate offenses.