Case law

Nationwide Agri-Business Insurance Co. v. Goodwin

782 N.W.2d 465 · Supreme Court of Iowa · May 21, 2010

The court ruled Goodwin was using the rental vehicle when he loaned it to Jolin and so qualified as an insured under the policy. … Because Nationwide failed to clearly and explicitly exclude coverage for such situations, Goodwin asserts, “the matter must be resolved against Nationwide Insurance as a matter of law.”

State v. Central States Electric Co.

238 Iowa 801 · Supreme Court of Iowa · Jul 29, 1947

But it is clearly apparent that that is what he meant, and that is what he intended to say. The matter of “reading” is the prominent thought in the section. … The record does not establish that any of the sections were not substantially complied with.

In Re The Detention Of Emery E. Darling, Emery E. Darling

Supreme Court of Iowa · Mar 31, 2006

But like the respondent in Betsworth, Darling has failed to establish that his chapter 229A right to treatment has been violated. … Clearly, his confinement is necessary to protect the public. See generally id.

Van Meter Industrial v. Mason City Human Rights Commission

675 N.W.2d 503 · Supreme Court of Iowa · Feb 25, 2004

The ALJ rejected VMI’s contention that Sires was not qualified for the local leader position. … This uncertainty was clearly attributable, however, to VMI’s discriminatory practices.

Hunter v. City of Des Moines Municipal Housing Authority

742 N.W.2d 578 · Supreme Court of Iowa · Nov 9, 2007

The DMMHA is a state agency that works in conjunction with the federal government to provide low-income housing for qualifying tenants. The term of the lease was for thirty days, beginning on November 1, 1988. … The notices clearly met these requirements, and there is nothing to indicate the notice of termination otherwise breached the lease or was contrary to any federal or state law. See 24 C.F.R. § 966.4 (i).

German Bank v. Schloth

59 Iowa 316 · Supreme Court of Iowa · Sep 20, 1882

We proceed now to state other facts, which we find established by the record, upon which the questions involved in the case must be determined. II. … The case is clearly in conflict with Farwell v. Grier, supra, and, in our opinion, *324 without the support of reason and legal principles.

Federal Land Bank of Omaha v. Arnold

426 N.W.2d 153 · Supreme Court of Iowa · Jun 15, 1988

More importantly, as a member of the farm credit system, FLB did not qualify for the preferred, one-year redemption period accorded “member institutions” under section 5 of the Act. … The legislation at issue before us clearly falls somewhere between the benign, narrowly focused relief found constitutional in Blaisdell, Nordholm, and Neel , and the “oppressive and unnecessarily destructive]” conditions

Haynes v. Ruhoff

261 Iowa 1279 · Supreme Court of Iowa · Apr 9, 1968

In any event, it clearly appears he did not seek legal advice thereon and did not request or expect his insurance company to participate in the matter. … In the case at bar defendant was afforded sixty days to appear, but chose to ignore the notice and did not use ordinary care or attention required to establish “good cause” for setting aside the default.

State Of Iowa Vs. Christopher Lawrence Valin

Supreme Court of Iowa · Dec 1, 2006

Iowa law clearly allows the  8 district court to do so. … Instead, it states “[p]robationers are subject to the conditions established,” and qualifies “any additional” conditions imposed by requiring them to be “reasonable” and either “promote the rehabilitation of the defendant

Callanan v. Shaw

24 Iowa 441 · Supreme Court of Iowa · May 12, 1868

There must be, then, in most cases, to establish a fact, a witness, whether that fact be important or unimportant. … The authorities cited to sustain it very clearly teach a contrary doctrine.

In Re the Marriage of Goodwin

606 N.W.2d 315 · Supreme Court of Iowa · Feb 16, 2000

The evidence clearly establishes that Paul designated his mother as the only beneficiary of his life insurance policy. Therefore, we conclude that the proceeds constitute a gift to or inheritance by Sue. … The record does not establish whether the washer and dryer awarded to Sue in the court’s property distribution is the one she purchased with her inheritance.

Nick Rhoades v. State of Iowa

848 N.W.2d 22 · Supreme Court of Iowa · Jun 13, 2014

“Human immunodeficiency virus” means the human immunodeficiency virus identified as the causative agent of acquired immune deficiency syndrome. b. … By taking judicial notice, we explained, Keene recognized “what is clearly common knowledge in today’s society.” Id. at 551.

State v. Spaulding

102 Iowa 639 · Supreme Court of Iowa · Oct 5, 1897

The statute prohibits any civil officer from entering on the duties of his office until he has qualified himself by taking such oath and giving a bond. Code 1873, sections 670, 675, 676, 679. … “The idea of an officer clearly embraces the idea of tenure, duration, fees, or emoluments, rights and powers, as well as that of duty; a public station or employment confirmed by appointment of government.”

State v. Sanders

623 N.W.2d 858 · Supreme Court of Iowa · Mar 21, 2001

It is also clear, however, that rule 13(1) qualifies the county attorney's rule 5(6) subpoena power when that power is exercised postindictment. … I submit that this is clearly incorrect. *863 We stated in Newman v.

Beckman v. Carson

372 N.W.2d 203 · Supreme Court of Iowa · Jul 31, 1985

The agreements clearly expressed the parties’ intent that interim operation of the business would be conducted under the established license and franchises of Beckman Chevrolet. … The questions asked of Carson disclosed that the purpose of the testimony was not to establish the truth of what was said by someone other than Carson. .

Fleur De Lis Motor Inns, Inc. v. Bair

301 N.W.2d 685 · Supreme Court of Iowa · Feb 18, 1981

If a general law clearly can be made applicable, a special law is impermissible. On the other hand, the usual presumption in favor of constitutionality attends a legislative act of this kind. … Thus, when two or more words are grouped together, and ordinarily have a similar meaning, but are not equally comprehensive, the general word will be limited and qualified by the special word.

Almon v. Chicago & Northwestern Railway Co.

163 Iowa 449 · Supreme Court of Iowa · Jan 14, 1914

If the plaintiff’s case were clearly meritorious and the record otherwise free from error, there might be some room for argument along that line. … The foregoing instruction, however, was qualified by instruction No. 8, which was as follows: “No. 8.

Elyse De Stefano v. Apts. Downtown, Inc.

879 N.W.2d 155 · Supreme Court of Iowa · May 6, 2016

Furthermore, in the original 1972 Unified Court Act, when the word “costs” was used in other contexts, it clearly did not include attorneys’ fees. … For one thing, section 562A15(2) is placed within the statute and written as if it were a qualifier to section 562A.15(1) as a whole.

Mather v. State

200 N.W.2d 498 · Supreme Court of Iowa · Sep 19, 1972

The photographic evidence and the testimony of numerous witnesses establishes this fact beyond serious dispute. … Admittedly the evidence is not conclusive but we hold, as did the trial court, that it clearly preponderates in favor of the State. The next and ultimate question is the place at which accretion occurred.

Jones v. United States Mutual Accident Ass'n

92 Iowa 652 · Supreme Court of Iowa · Dec 15, 1894

That allegation was consistent with defendant’s theory of the case, but in no way qualified the admission which preceded it. 6 *663 7 *661 VII. … No attempt was made to offer any competent evidence to establish the truth of any of these statements.