Case law

State v. Graves

668 N.W.2d 860 · Supreme Court of Iowa · Sep 4, 2003

See Singh, 793 A.2d at 238-39 (rejecting exception). *874 Applying this rule here, we conclude the county attorney’s questioning was clearly improper. … More recently, however, we condemned similar statements by a prosecutor, finding them “clearly improper.” Rutledge, 600 N.W.2d at 325 .

Scott v. Babcock

3 Greene 133 · Supreme Court of Iowa · Jun 15, 1851

It qualifies and explains it. … The droctrine is plainly laid down, and this distinction clearly made in the opinions delivered in the case of Wright v. Marsh, Lee and Delevan: 2 G. Greene, 94; and Reid v. Wright, ib. 15.

Cain v. Milburn

192 Iowa 705 · Supreme Court of Iowa · Dec 13, 1921

The weight of authority is clearly against the proposition advanced by appellants. Appellees contend that the divorce was valid, and, being without fraud, was and is binding upon Christiana and her heirs. … It may be that this thought has been qualified somewhat by some of the other decisions, but the cases generally hold that, where the cause of action is complete, as in this case, prior to insanity, a divorce may be granted

Hanson v. Town & Country Shopping Center, Inc.

259 Iowa 542 · Supreme Court of Iowa · Sep 20, 1966

The fact the invitee comes upon the premises after warning of a dangerous condition or knowledge thereof does not qualify the duty of the possessor to exercise reasonable care for the invitee’s safety. … “A jury question was clearly presented as to whether plaintiff saw or should have appreciated the perils or dangers of the conditions he observed.” Anthes v.

Grimm v. US West Communications, Inc.

644 N.W.2d 8 · Supreme Court of Iowa · May 8, 2002

contract, and the discharge is found to exceed the qualified privilege to which the supervisor is entitled as an officer or director. … All these issues are clearly beyond the scope of a motion to dismiss. IX. Conclusion.

State of Iowa ex rel. Gary Dickey v. Jason Besler

Supreme Court of Iowa · Feb 5, 2021

Burial Ass’n, we said, Any citizen of the state is qualified to make the demand. No private interest in the question is required. … This determination by the governor deserves respect unless resolved differently through the legal process established to resolve disputes.

Buchanan v. Hunter

166 Iowa 663 · Supreme Court of Iowa · Sep 30, 1914

The qualifying language, ‘to be paid to him on his arriving at the age of twenty-one years,’ is that which would naturally occur to one who was desiring to provide for a postponement of the time when the right of possession … advancements made were less than is stated in that instrument, and that upon the strength of such showing a legacy to the younger daughter may be wiped out or materially reduced, would be to ignore all authority and well-established

State ex rel. County Attorney v. Des Moines City Railway Co.

159 Iowa 259 · Supreme Court of Iowa · Mar 22, 1913

The implication should clearly appear from the whole' instrument. … That such powers must be given in language explicit and express, or necessarily to be implied from other powers, is now firmly established.

Whitmer v. Hoyt

194 Iowa 129 · Supreme Court of Iowa · Apr 8, 1922

Kite died prior to March 20, 1909but the order clearly shows that it was made pursuant to the application, and was predicated wholly upon the fact of the disappearance of the said William H. Kite. In Haddock v. … The words “deceased person” and “decedent” have a well known and established meaning, and mean “one who is dead.” Webster’s *136 Dictionary; Century Dictionary.

State v. Shaver

197 Iowa 1028 · Supreme Court of Iowa · Jul 12, 1923

Clearly, had the indictment in this ease been for- assault with intent to inflict a great bodily injury, the evidence would sustain a conviction therefor. … “By statute in some states, the jury are not entitled to find deféndant guilty of a less degree than established by the evidence.

Kroblin Refrigerated Xpress, Inc. v. Iowa Insurance Guaranty Ass'n

461 N.W.2d 175 · Supreme Court of Iowa · Sep 19, 1990

It used the broader term “resident,” which clearly does not require the exclusion of all but domestic corporations. … The Board makes decisions regarding expenditures, the purchase of vehicles, and also establishes the budget for the regional terminals in other states.

Mennenga v. Mennen

182 Iowa 1147 · Supreme Court of Iowa · Feb 16, 1918

Assuming this to be settled, it is next, insisted that appellant has clearly established the fact that, he was not with the plaintiff at any time in July or August; that his only act of intercourse with her was in September … The soundness of this argument as an abstract moral and legal proposition may be conceded, but the appellant's own story does not quite qualify him for entry into the Joseph class of remarkable exhibits.

State v. Moline

164 N.W.2d 151 · Supreme Court of Iowa · Jan 14, 1969

If the State could otherwise qualify for the allowance of such a motion, the fact it had first proceeded improperly would not prevent the filing of a proper motion later. … Here the filing was de *156 layed several days because the county attorney relied in good faith on an established —albeit invalid — practice among the lawyers of his county.

Vigilant Ins. v. Allied Prop. & Cas. Ins.

609 N.W.2d 538 · Supreme Court of Iowa · Apr 26, 2000

It then provides a definition of "underlying coverage," quoted above, that clearly includes the Allied policy. … Allied's policy, which is primary, would qualify as underlying insurance under that definition because it would reduce any damages Vigilant might be called on to pay, up to Allied's liability limit of $500,000.

Sandra Selden v. Des Moines Area Community College

Supreme Court of Iowa · Feb 2, 2024

Selden disputes how much more, but it was clearly greater than her own. See Mayorga v. Marsden Bldg. Maint. … who determined she was not only qualified, but the most qualified,” to be supervisor. Yet this misconceives the purpose of chapter 216.

Cook v. City of Burlington

30 Iowa 94 · Supreme Court of Iowa · Dec 6, 1870

Having only a qualified title, the city cannot convey an absolute one. 2..— riparian tions. ’ II. … If the dedication of this ground to public use be established by the principles of common law, is it not of the highest importance that the accumulations of the vacant space by alluvial formations should partake of the same

Heins v. Lincoln

102 Iowa 69 · Supreme Court of Iowa · May 11, 1897

Now, if the bonds had been in fact issued under these ordinances, they would have been clearly void, because, after they had been sold, and before the old bonds had been called in, the indebtedness of the city would have … council is hereby authorized to borrow money for any object or purpose in their discretion, and to pledge the faith of the city for the payment thereof, provided the question of borrowing is first submitted to the legal and qualified

Millsap v. Cedar Rapids Civil Service Commission

249 N.W.2d 679 · Supreme Court of Iowa · Jan 19, 1977

Should a police officer engage in misconduct which is detrimental to the service it would be absurd to say that he is clothed with a cloak of immunity if such misconduct occurred during ‘off-duty’ hours. … Our discussion in the previous division relating to off-duty “misconduct” is clearly dispositive of the present issue without further elaboration.

City of Cedar Rapids v. Board of Trustees of the Municipal Fire & Police Retirement System

572 N.W.2d 919 · Supreme Court of Iowa · Jan 21, 1998

This is apparent in these conclusions of law from the committee’s decision here, which the board later adopted: [Cornish] must ... establish that he is disabled as a result of an injury in order to establish entitlement to … Turning to the effects of the incidents, we think Kid-well’s description of the fire incident clearly supports a finding that the incident created unusual stress.

Mechanics Savings Bank v. Gish

200 Iowa 463 · Supreme Court of Iowa · May 12, 1925

It was the avowed purpose of the corporation to establish a plant at Des Moines and take over the plant at Peoria, Illinois. … Evidence offered to sustain such claim ivas incompetent, was clearly in violation of the parol-evidence rule, and was properly stricken. Klemm v. Weil, 194 Iowa 1073 , and cases there cited; Smith v.