Case law

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.

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 of Iowa v. Kenneth L. Lilly

930 N.W.2d 319 · Supreme Court of Iowa · May 24, 2019

However, as the State observes, the one established difference is that the African- American population tends to be younger and therefore may contain fewer qualified jurors. … There is no record establishing the percentage of African-Americans in the jury pool.

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.

Evans v. Herbranson

241 Iowa 268 · Supreme Court of Iowa · Feb 7, 1950

'Plaintiffs prayed judgment on their note against the Herbransons, with costs and statutory attorney fees, and for the appointment of defendant Edward Bergeson, or other suitable person in the event Bergeson should not qualify … This is clearly established by defendants’ admission in the “Statement of Facts” in their printed opening argument, to wit: “The sellers *274 agreed to comply with the Bulk Sales law, but did not.”

Kelly-Springfield Tire Co. v. Iowa State Board of Tax Review

414 N.W.2d 113 · Supreme Court of Iowa · Oct 21, 1987

The primary argument advanced by IDOR to sustain its interpretation is that the words “examination and determination,” which appear several times within section 422.25(1), are in no instance qualified with respect to the … In further amplifying the principles established in its affirming opinion in Moorman, the Supreme Court stated in Mobile Oil Corp. v.

State v. Duncan

414 N.W.2d 91 · Supreme Court of Iowa · Oct 21, 1987

Finally, section 204A.3 adds: When a substance has not been designated as an imitation controlled substance by the state board of pharmacy examiners and when dosage unit appearance alone does not establish that a substance … Thus, a statute will not be declared unconstitutional unless it clearly, palpably and without doubt, infringes the constitution. Saadiq v. State, 387 N.W.2d 315, 320 (Iowa 1986).

Albrecht v. General Motors Corp.

648 N.W.2d 87 · Supreme Court of Iowa · Jul 17, 2002

In addition, statutes of repose “reflect the legislative conclusion that a point in time arrives beyond which a potential defendant should be immune from liability for past conduct.” 51 Am. … Subsequent to the adoption of section 614.1(9), our legislature enacted two additional subsections that are clearly statutes of repose.

Bump v. Des Moines Ice & Cold Storage Co.

159 Iowa 246 · Supreme Court of Iowa · Mar 20, 1913

The petition herein, which was filed April 20, 1911, recites that Charles Henry Kunsch has been adjudged a bankrupt,, and that plaintiff is the duly elected and qualified trustee of said bankrupt’s estate, and after alleging … mother, when her son attained majority, to make settlement with him and pay him on the basis of his full three-ninths interest; and if he consented to receive it, or obtained credit therefor in such settlement, he would clearly

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.

Knorr v. Beardsley

240 Iowa 828 · Supreme Court of Iowa · Jun 14, 1949

That is clearly the meaning of its unambiguous language, and the plain intention, of the legislature. … But Sections 2, 3, 4, and 5 are each a qualified permission to contract debt.

Farm-Fuel Products Corp. v. Grain Processing Corp.

429 N.W.2d 153 · Supreme Court of Iowa · Sep 21, 1988

A right to share in the profits is clearly shown by the agreement to share any royalty payments received from potential marketers. … GPC argues that this amounted to a legal opinion on the existence of a joint venture and the witnesses were not qualified to give such an opinion.

State Ex Rel. Fulton v. Scheetz

166 N.W.2d 874 · Supreme Court of Iowa · Apr 8, 1969

I feel that this expert— highly qualified expert witness is more than able to testify concerning observations that he made of this particular defendant, I feel that he is qualified to testify as to other observations or conclusions … I submit the majority, in so finding, ignores certain well established applicable principles heretofore clearly enunciated by the United States Supreme Court.

Brutsche v. Coon Rapids

223 Iowa 487 · Supreme Court of Iowa · Apr 6, 1937

A majority of the duly qualified electors voted in favor of constructing a municipal light and power plant. … Such a statute clearly required competitive bidding.”

In Re Estate of Grauer

231 Iowa 601 · Supreme Court of Iowa · Jan 20, 1942

On the following day the appellee, Fred Rapp, was appointed and qualified as executor. … whatever may have been the indebtedness due from the daughter at the time of the execution of the will, the father chose to limit it to the sum named; and it does not remain for the courts even to sit in judgment upon his clearly

Elk Run Telephone Co. v. General Telephone Co. of Iowa

160 N.W.2d 311 · Supreme Court of Iowa · Jul 18, 1968

; (3) * * * * * *» Under this definition the plaintiff, Elk Run Telephone Company, and the defendants, General Telephone Company of Iowa, Hawkeye State Telephone Company and Mutual Telephone Company of Auburn, Iowa, all qualify … Virtually all authorities hold when authority is delegated to an administrative officer or body, such delegation within its terms and limitations is primary and exclusive unless a contrary intent is clearly manifested by

In Re Guardianship of McFarland

214 Iowa 417 · Supreme Court of Iowa · Dec 16, 1931

It is shown that the mother took sick, just when is not clearly shown by the record, but she died March 14, 1929. … King, 193 Iowa 1282 ; but said case is clearly distinguishable from the instant case.

In the Interest of E.H.

578 N.W.2d 243 · Supreme Court of Iowa · May 28, 1998

When Sarah was questioned about her father’s abuse in the second videotaped interview, she was able to clearly distinguish events concerning her father from those involving her brother. … Because “the scientific acceptance and evi-dentiary reliability” of the process by which an examiner determines whether the person being tested has answered truthfully has not been established, the examiner’s testimony is

State v. Henderson

268 N.W.2d 173 · Supreme Court of Iowa · Jun 28, 1978

No deception was involved, as the evidence clearly showed this was the experiment gun, not the missing original weapon. … Defendant’s other objection is that the two instructions shift the burden of proof to him, but we believe the instructions to be immune to this attack. State v. Tice, 257 Iowa 84 , 130 N.W.2d 678 ; State v.

State Of Iowa Vs. Richard Leroy Parker

Supreme Court of Iowa · Feb 8, 2008

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. … In this case, the conviction was clearly based on overwhelming evidence of Parker’s guilt.