Case law

Comstock v. Iowa State Highway Commission

254 Iowa 1301 · Supreme Court of Iowa · Apr 9, 1963

He, too, was a qualified witness if his approach to the problem was from a sound premise. Five witnesses testified for the defendant. … The record shows that each was especially well qualified in his respective field.

New York Life Insurance v. Burbank

209 Iowa 199 · Supreme Court of Iowa · Dec 17, 1927

They are owners only in a qualified sense. … But whatever might have been the meaning of the law before the enactment of Chapter 43, Acts of the Twenty-eighth General Assembly, we think that the legislative purpose from that date is thereby clearly manifested.

Sz Enterprises, LLC D/B/A Eagle Point Solar v. Iowa Utilities Board, a Division of the Department of Commerce, State of Iowa

850 N.W.2d 441 · Supreme Court of Iowa · Jul 11, 2014

We decline to introduce such an innovation into our established law. … The fifth Serv-Yu factor relating to monopoly clearly cuts against a finding that Eagle Point is a public utility. See id.

Paulsen v. Paulsen

243 Iowa 51 · Supreme Court of Iowa · Dec 13, 1951

Mere living apart is not in itself sufficient to establish desertion as a ground for divorce. Carr v. Carr, 212 Iowa 1130, 1132 , 237 N.W. 492 . … The rule *58 lias been criticized, but seems firmly established in Iowa. 28 Iowa Law Review 341-349, inclusive.

Lyon County National Bank v. Winter Estate

214 Iowa 533 · Supreme Court of Iowa · May 13, 1932

He qualified on the 17th day of June 1929 and letters of administration were .issued to him on the aforesaid date. Notice of his appointment was served by publication as provided by law. … Clearly both H. B.

Peel v. Burk

197 N.W.2d 617 · Supreme Court of Iowa · May 11, 1972

Defendants (proponents) initiated proceedings pursuant to The Code 1966, Chapter 465, for establishment of an open agricultural drainage ditch across lands of others. Plaintiffs (objectors) resisted. … The legislature may enact any law desired providing it is not clearly prohibited by some provision of the federal or state constitutions.

City of Okoboji v. Okoboji Barz, Inc.

746 N.W.2d 56 · Supreme Court of Iowa · Mar 14, 2008

A use is customary so as to qualify as an accessory use when it is often found in conjunction with the principal use. Stochel v. … See Redfearn, 455 So.2d at 1361 (“[T]he sale of alcoholic beverages is properly an accessory use to the restaurant operation”); Gauthier, 291 N.Y.S.2d at 587 (“Clearly, the service of liquor refreshment is inseparable from

Estate of Roberta Ann Butterfield by Bradley Dean Butterfield and Deanne Marie Rogers, Co-Adminstrators v. Chautauqua Guest Home, Inc. d/b/a Chautauqua Guest Home 3 and Chautauqua Guest Homes

Supreme Court of Iowa · Mar 17, 2023

The expert witness must meet the qualifying standards of section 147.139. Iowa Code § 147.140(1)(a) (emphases added). … As we said in Struck, this text clearly requires a certificate whenever there’s a claim “for which expert testimony is necessary to establish a prima facie case.” 943 N.W.2d at 540 (quoting Iowa Code § 147.140(1)(a)).

Estate of Roberta Ann Butterfield by Bradley Dean Butterfield and Deanne Marie Rogers, Co-Adminstrators v. Chautauqua Guest Home, Inc. d/b/a Chautauqua Guest Home 3 and Chautauqua Guest Homes

Supreme Court of Iowa · Mar 17, 2023

The expert witness must meet the qualifying standards of section 147.139. Iowa Code § 147.140(1)(a) (emphases added). … As we said in Struck, this text clearly requires a certificate whenever there’s a claim “for which expert testimony is necessary to establish a prima facie case.” 943 N.W.2d at 540 (quoting Iowa Code § 147.140(1)(a)).

State v. Breitbach

488 N.W.2d 444 · Supreme Court of Iowa · Jun 17, 1992

Breitbach contends that the State failed to establish that he was in custody at the time he made his departure from the officers. … An arrest is clearly such a situation. In recognition of this fact, the escape statute explicitly characterizes an escape by a felony-arrestee as a subsection 1 violation.

McBride v. City of Sioux City

444 N.W.2d 85 · Supreme Court of Iowa · Jul 19, 1989

McBride’s claimed status as a civil servant rests on alternative theories: first, that if he was not originally classified civil service, he should have been; second, that he qualifies for “covering in” under Iowa Code section … While our civil service statute does not clearly designate whether it is the municipality itself or the civil service commission that has the responsibility to establish civil *89 service classifications, we note that Iowa

Dejong v. Huyser

233 Iowa 1315 · Supreme Court of Iowa · Nov 16, 1943

The evidence clearly sustains such finding. Defendant contends that Frans was obligated to pay said sum independent of the will. … Pursuant to that contract Tryntje became DeJong’s wife, later his widow, and thereby qualified to receive the $100 per year from Frans.

State Of Iowa, Vs. Iowa District Court For Henry County

Supreme Court of Iowa · Jan 23, 2009

(3) An employment program established by the director. (4) A treatment program established by the director. (5) An inmate educational program approved by the director. … Clearly, it does.

Giberson v. Henness

219 Iowa 359 · Supreme Court of Iowa · Feb 5, 1935

This will was admitted to probate and the wife qualified as executor on the 2d day of February, 1920. … The plaintiff has not established his right to a cancellation of the contract and a recovery of the purchase price paid upon any theory contended for by him. An affirmance necessarily follows. —Affirmed.

Truax v. Ellett

234 Iowa 1217 · Supreme Court of Iowa · Jul 28, 1944

She named her husband and the appellee as executors and they qualified. … To say that the same duty is not owing to the husband who has paid them is to read something into the statute which clearly is not there.

O'Neill v. O'Neill

193 Iowa 504 · Supreme Court of Iowa · Dec 15, 1921

This was qualified by the further phrase, “unless he made other disposition of the same.” … Such evidence is prohibited by our statutes, which were pleaded; and the testimony of Ann Dolan as to what Mother 0 ’Neill told her is clearly incompetent.

Scott v. Chicago, Rock Island & Pacific Railway Co.

160 Iowa 306 · Supreme Court of Iowa · Jun 5, 1913

The burden of establishing this defense so plead by defendant is upon the defendant, and said defense must be established by a preponderance of the evidence. … The court said: The court was clearly right in striking the words from the requests.

State of Iowa v. Montez Guise

921 N.W.2d 26 · Supreme Court of Iowa · Dec 14, 2018

We will find an abuse of discretion when “the district court exercises its discretion on grounds or for reasons that were clearly untenable or unreasonable.” … In 2017, a reasonably competent attorney should be aware of potential avenues of attack on risk assessment tools that are well established in the legal literature.

Bartlett & Co. Grain v. BOARD OF REVIEW, ETC.

253 N.W.2d 86 · Supreme Court of Iowa · Apr 20, 1977

Clearly this fact affects the value of the various elevators and consequently the comparability thereof. … Plaintiffs’ contention the district court erroneously based its decision solely upon the distance factor is clearly without merit.

Hughes v. Cudahy Packing Co.

192 Iowa 947 · Supreme Court of Iowa · Dec 15, 1921

If claimant in this case was injured at the time and in the manner testified to by him, it is clearly a personal injury, within the meaning of our statute. … The purpose of cross-examination is to permit the witness to qualify or modify his prior statements, and this Dr. Cremin did. Again, when Dr.