Case law

American Security Benevolent Ass'n v. District Court of Black Hawk County

259 Iowa 983 · Supreme Court of Iowa · Dec 13, 1966

American Security is not a fraternal beneficiary association organized under chapter 512, nor a domestic insurance company as set forth in chapter 506, nor is it qualified to contract to sell life, health or accident insurance … Speculation, relationship or association and companionship do not establish a conspiracy. 3 Underhill’s Criminal Evidence, Fifth Ed., section 856.

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.

City of Iowa City v. White

253 Iowa 41 · Supreme Court of Iowa · Oct 17, 1961

His right to retirement and immediate commencement of payment of his pension accrues only upon his disability be *48 coming established.” This was in 1952, under section 187.2, adopted after his injury. … The court defined clearly the scope of certiorari in Pierce v.

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.

Darla Legg and Jason T. Legg, on Behalf of Themselves and All Persons Similarly Situated v. West Bank

873 N.W.2d 756 · Supreme Court of Iowa · Jan 22, 2016

An abuse of discretion is found only when the district court’s grounds for certifying a class action are clearly unreasonable. Anderson Contracting, Inc. v. DSM Copolymers, Inc., 776 N.W.2d 846, 848 (Iowa 2009). … The district court found that the record before it reflects that the attorneys for the Plaintiffs are skilled, competent, and well qualified to represent the interests of the class.

Quarton v. American Law Book Co.

143 Iowa 517 · Supreme Court of Iowa · Jul 2, 1909

The facts are not very clearly set out; but there was no intent to depart from the rule of the cases cited. Timber Co. v. … McGregor, 21 Minn. 111 , wherein it is said: *535 The facts clearly establish gross negligence on the side of the plaintiff, both in executing his part of the contract, and in applying for relief.

State v. Reeves

670 N.W.2d 199 · Supreme Court of Iowa · Oct 8, 2003

To establish such abuse, the State must show that the district court exercised its discretion on grounds or for reasons clearly untenable or to an extent clearly unreasonable. Id. … Both parties appeared to have been intoxicated when they left the establishment in Sa-bula, Iowa to go to the home of the decedent.

State v. Collins

178 Iowa 73 · Supreme Court of Iowa · Oct 18, 1916

If, for the sake of argument, he be treated as a student, the evidence shows clearly that he was not “a student . . . prescribing under the supervision of ¿ preceptor.” Dr. … Tomlinson, 11 Iowa 401 , do hold, in effect, that a conviction may be set aside by the Supreme Court where it is clearly against the weight of the evidence.

Van Hosen v. Bankers Trust Company

200 N.W.2d 504 · Supreme Court of Iowa · Sep 19, 1972

By action in equity plaintiff Hugh Van Hosen seeks declaratory relief from the forfeiture provision of a private pension plan established by defendant Bankers Trust Company and administered by it as trustee. … Furthermore, many pensioners cannot, at the moment, qualify for social security and must resort to other employment for supplementary income.

McKeehan v. City of Des Moines

213 Iowa 1351 · Supreme Court of Iowa · Mar 8, 1932

The witness Joe Wells, testifying for plaintiff, referred considerably to “brush” and “litter,” but invariably qualified his statements by locating such debris “at the side of the street.” … Uh-huh. # * * Lucille was down by the weeds in the ashes by the weeds. * * From this testimony of the plaintiff and her little sister (and there were no other eyewitnesses), it clearly appears the jury might easily have found

Keith Puntenney, Laverne I. Johnson, Richard R. Lamb, Marian D. Johnson, Northwest Iowa Landowners Association, Iowa Farmland Owners Association, Inc., and the Sierra Club Iowa Chapter v. Iowa Utilities Board, and Office of Consumer Advocate and The Main Coalition, and Dakota Access, LLC

928 N.W.2d 829 · Supreme Court of Iowa · May 31, 2019

If, however, the legislature did not clearly vest the agency with the authority to interpret the statute, then our review is for correction of errors at law. … In the IUB's view, Dakota Access qualifies as a common carrier.

Federal Land Bank v. Bonnett

226 Iowa 112 · Supreme Court of Iowa · Feb 7, 1939

Bonnett, qualified as administratrix of his estate, and on June 14, 1935, duly posted notice thereof as directed by the clerk of the Lucas district court. … The testimony offered, by appellant to prove these facts was clearly admissible and if admitted would have carried the case to the jury.

In Re Estate of Hellman

221 Iowa 552 · Supreme Court of Iowa · Mar 17, 1936

The issue was clearly drawn and decided adversely to the treasurer’s contention ; the court holding that the sisters took nothing and hence no tax was due. … The general rule, of course, is that length of time is no bar to a trust clearly established, and the statute of limitation is not applicable, because the possession of the trustee is presumed to be the possession of his

State v. Hessenius

165 Iowa 414 · Supreme Court of Iowa · Mar 24, 1914

We think the conclusion of that court fails to recognize the reason for the rule as very generally given, and as is clearly stated in Shelton v. State, supra. 5. Same. … The statement of the conclusion of this court upon that ruling recognizes the distinction which admits expert testimony, i. e., a special knowledge not possessed by the jury, qualifying the witness to so speak.

J. Jesus Carreras and Los Primos Auto Sales, LLC d/b/a Los Primos Auto Sales v. Iowa Department of Transportation, Motor Vehicle Division

Supreme Court of Iowa · Jun 17, 2022

or cremation establishment license based on “any crime related to the practice of mortuary science or implicating the establishment’s ability to safely perform mortuary science services” (emphasis added)). … In my view, our caselaw establishes that “in connection with” requires a substantive or causal connection, not a mere but-for connection.

State v. Watson

242 N.W.2d 702 · Supreme Court of Iowa · May 19, 1976

The statements qualify as res gestae utterances. State v. Terrill, Iowa, 241 N.W.2d 16 , filed April 14, 1976. … For this purpose it was clearly admissible. See State v. Hinkle, supra, 229 N.W.2d at 748 . III.

Winnebago Industries, Inc. v. Haverly

727 N.W.2d 567 · Supreme Court of Iowa · Dec 1, 2006

The deputy stated: [IJnjury arising out of and in the course of employment has been established in a prior contested case proceeding entitled to the same preclusive effect as is this arbitration proceeding. … These positions are clearly inconsistent. Id. at 167 (citation omitted).

J. Jesus Carreras and Los Primos Auto Sales, LLC d/b/a Los Primos Auto Sales v. Iowa Department of Transportation, Motor Vehicle Division

Supreme Court of Iowa · Jun 17, 2022

or cremation establishment license based on “any crime related to the practice of mortuary science or implicating the establishment’s ability to safely perform mortuary science services” (emphasis added)). … In my view, our caselaw establishes that “in connection with” requires a substantive or causal connection, not a mere but-for connection.

State of Iowa v. Kelvin Plain Sr.

898 N.W.2d 801 · Supreme Court of Iowa · Jun 30, 2017

When assessing a district court’s decision for abuse of discretion, we Only reversé if the' district court’s decision rested on grounds or reasoning that were clearly untenable or clearly unreasonable. … We review the issuance or denial of a requested cautionary instruction for abuse of discretion and only reverse if the district court’s decision rested on grounds or reasoning that were clearly untenable or clearly unreasonable

State v. Johnson

260 Iowa 1207 · Supreme Court of Iowa · Jul 11, 1967

We held the testimony competent as part of the res gestae and clearly within the rule. Bee also State v. Berry, 241 Iowa 211, 217 , 40 N.W.2d 480 , and State v. … Defendant challenges the use of the word “reasonable” qualifying “moral certainty.” Section 785.3, Code of Iowa, provides: “Reasonable doubt.