Case law

Hiveley v. Dolliver

244 Iowa 1012 · Supreme Court of Iowa · Apr 8, 1953

Cavanaugh as guardian of the minors’ property, which included the interest in the real estate, and he was appointed and qualified. … No part of these transactions was withheld from the court, but they clearly appear to have been done in good faith.

Iowa Supreme Court Attorney Disciplinary Board v. Anthony Zane Blessum

861 N.W.2d 575 · Supreme Court of Iowa · Mar 27, 2015

We characterized Hauser’s actions as “severe neglect,” “total abandonment,” and “clearly harmful to his client.” Id. at 153. … However, we cannot find that this inactivity by itself establishes a rule violation.

Gibb v. Hansen

286 N.W.2d 180 · Supreme Court of Iowa · Dec 19, 1979

“The rule is well established that in certiorari actions we will not review questions not presented to the so-called inferior tribunal (see rule 306, Rules of Civil Procedure).” Lenertz v. … The language of the statute clearly places the burden of requesting to make such a written explanation on the plaintiff herein.

Steburg v. Vincent Clay Products Co.

173 Iowa 248 · Supreme Court of Iowa · Dec 17, 1915

Contrary to the further con-tenti°n of the appellant, we find the evidence insufficient to hold, as a matter of law, that such defense has been established. … No express exception or reservation is made, and, so far as any exception is implied, it is to be found in the -word *257 “properly”, which, qualifies the word “guarded”.

Bernau v. Iowa Department of Transportation

580 N.W.2d 757 · Supreme Court of Iowa · Jul 1, 1998

Thus, we will not reverse the commission’s decision unless the appellants have established that the commission’s decision was arbitrary or capricious. … Such hearings are required to allow the state to qualify for federal funding under 23 U.S.C. § 128 .

Frunzar v. Allied Property & Casualty Insurance Co.

548 N.W.2d 880 · Supreme Court of Iowa · May 22, 1996

Admission of hearsay evidence over a proper objection is presumed to be prejudicial error unless the contrary is affirmatively established. State v. Rice, 543 N.W.2d 884, 887 (Iowa 1996); accord State v. … Although Allied clearly had the right, it did not cross-examine plaintiffs counsel regarding the content of his professional statement.

State v. Spencer

519 N.W.2d 357 · Supreme Court of Iowa · Jul 27, 1994

After a lengthy colloquy, the district court stated, "As far as I'm concerned, although he indicates he wants to do it himself, I don't see that he's competent and qualified to do it himself." … As far as I'm concerned, although he indicates he wants to do it himself, I don't see that he's competent and qualified to do it himself. There should be somebody there.

Wade v. Swartzendruber

206 Iowa 637 · Supreme Court of Iowa · Jun 26, 1928

He qualified, and took possession of the partnership or joint property. February 11, 1927, an appeal to the Supreme Court was taken by Swartzendruber from the action of the district court in making this appointment. … Clearly, appellant Swartzendruber was in default for want of a pleading, and under the circumstances, we do' not feel justified in interfering with the action of the trial' court in refusing to' set the same aside.

Wall v. County Board of Education of Johnson County

249 Iowa 209 · Supreme Court of Iowa · Nov 12, 1957

It was stipulated that all testimony taken was applicable to all three cases and the paramount issue was as to the validity of the election which resulted in establishing the school district. … It is addressed to: “All Qualified Voters residing within the limits of the boundaries hereinafter set forth, in the County of Johnson. State of Iowa.”

In Re Estate of Rude

233 Iowa 792 · Supreme Court of Iowa · Jul 27, 1943

Dean, executor of the estate in Illinois, was appointed and qualified as executor in Iowa. He filed an inventory showing that testatrix died seized of a farm of 554.6 acres in Hamilton County, Iowa. … The court was clearly right in each instance. *796 Toward the end of the hearing, the executor formally tendered to Faber his check for $7,500, which had been delivered as earnest money under the contract.

Sutherland State Bank v. Furgason

192 Iowa 1295 · Supreme Court of Iowa · Jan 20, 1922

And then Jennie stated the case very clearly. … Solemn instruments affecting the title to real estate are not to be disturbed unless upon such proof as clearly and convincingly establishes that such instruments are not the free and voluntary act of a person possessed of

Keating v. Keating

182 Iowa 1056 · Supreme Court of Iowa · Nov 17, 1917

Of the value of this expert evidence, we have only to say: First, that it is at least very doubtful whether a medical expert, however learned, is any better qualified than the court or juror to declare that any given man … This clearly states the general purpose and intent of the testator, and the will should be given such effect. The beneficiary did survive the testator, and the equitable estate of the latter at once vested in him.'

Jesse v. Wemer and Wemer Company

248 Iowa 1002 · Supreme Court of Iowa · Apr 3, 1957

The trial court clearly concluded no such evidence appeared and gave instructions relating only to common-law requirements of due care. The problem thus requires consideration of the statutes involved. … We conclude that the duty of lookout to the rear does not require constant attention at all times, but only sufficient observation to establish an awareness of the presence of others at a time when a maneuver is contemplated

State Of Iowa Vs. Edwin Bello Paredes

Supreme Court of Iowa · Sep 18, 2009

What amount of evidence is sufficient to provide corroboration clearly indicating trustworthiness? … There is, of course, no question Paredes failed to establish the requirement of unavailability.

L & W CONSTRUCTION COMPANY v. Kinser

251 Iowa 56 · Supreme Court of Iowa · Nov 17, 1959

(He then qualified the last statement.) “I think I told Boze Thomas when I gave him the check that the bonding company would be liable for a year. I had to get that information from Mr. … It thus appears clearly that the plaintiff would have been paid if it had filed its claim within the thirty-day period.

Cronin v. Hagan

221 N.W.2d 748 · Supreme Court of Iowa · Sep 18, 1974

That is, the common knowledge and everyday experience of an average layman is not sufficient to qualify him to give competent testimony regarding such matter. Dr. … The petition clearly does not specify defendant was negligent in post-operative care relating to discovery of the partial blockage.

Bowers v. Polk County Board of Supervisors

638 N.W.2d 682 · Supreme Court of Iowa · Jan 7, 2002

The Iowa Constitution prohibits laws that "grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens." Iowa Coast. Art. I, § 6. … The facts of this case clearly establish this proposition. Moreover, the facts further establish that a few additional days would have likely allowed Bowers to exercise the right.

Fremont County v. Burlington & Missouri River Railroad

22 Iowa 91 · Supreme Court of Iowa · Apr 12, 1867

the passage of the act (September 28, 1850), granting swamp lands to the States, some additional objects of topography were required-to be observed and stated in the field-notes of the surveyor, in order to define more clearly … appropriating land to the State in alternate sections to aid in the construction of certain lines of railway therein specified, it will not , , ,, ... , do to overlook the restrictions and reservations which it contains, as qualifying

Kane v. City of Marion

251 Iowa 1157 · Supreme Court of Iowa · Aug 2, 1960

The function of a proviso is ordinarily to except something from the statute to which it is attached, or to qualify or limit its generalities, or to make clear its extent. It is not to be used to enlarge the enactment. … It is in the light of these established principles that we must consider the statute before us. The language of the second sentence of section 392.1 is couched in negative terms, and makes it clearly a proviso.

Anne Hensler Vs. City Of Davenport

790 N.W.2d 569 · Supreme Court of Iowa · Nov 12, 2010

Under this doctrine, “the challenger must establish that no set of circumstances exists under which the [ordinance] would be valid.” Id. … Clearly, the city has a strong interest in protecting the public from juvenile delinquency.