Case law

Alber v. City of Dubuque

251 Iowa 354 · Supreme Court of Iowa · Feb 9, 1960

The court should have directed a verdict on the basis that plaintiff failed to establish actionable negligence as against defendant. 3. … The submission of this ease to the jury by the trial court, as to the question of negligence of defendant, was clearly correct.

Mason City Brick & Tile Co. v. Lamson

190 Iowa 365 · Supreme Court of Iowa · Dec 20, 1920

Most clearly, this question should not be passed upon if the decision of avoidance propositions in a given way will make such question an immaterial one. … Assume it may not *378 command a second payment where, before the statute became ■effective, the party was immune from second payment.

Amended June 26, 2015 State of Iowa v. David Howard Rooney

Supreme Court of Iowa · Apr 10, 2015

Compare Iowa Code § 713.3(2) (establishing first-degree burglary as a class “B” felony), with id. § 713.5(2) (establishing second-degree burglary as a class “C” felony), with id. … § 713.6A(1) (establishing third-degree burglary as a class “D” felony or an aggravated misdemeanor).

State v. Blyth

226 N.W.2d 250 · Supreme Court of Iowa · Feb 19, 1975

Apart from this, even if this portion of the statute was unconstitutional, it is clearly severable from the part of the statute which establishes the offense. See 82 C.J.S. Statutes § 93. … Each dealership was left free to establish its own pricing policy.

State v. Meeks

245 Iowa 1231 · Supreme Court of Iowa · Jun 15, 1954

It was uttered as a forged instrument and was clearly for the purpose of defrauding the bank. III. Defendant assigns as error the court’s acceptance of the testimony of the State’s witness M. D. … Huffman was qualified as the handwriting expert of the Iowa State Bureau of Investigation.

Hedin v. Gonzales

528 N.W.2d 567 · Supreme Court of Iowa · Mar 29, 1995

These powers should be articulated as clearly as each case permits. Id. … It pertinently provides: When any fiduciary is, or becomes, disqualified under section 633.63 [person is not qualified to serve as fiduciary if court determines person is unsuitable] and 633.64 [person may not be qualified

Morse v. Slocum

192 Iowa 1080 · Supreme Court of Iowa · Jan 10, 1922

This appointment does not appear to have been contested, and the guardian so appointed immediately qualified, and continued to serve until the death of the ward. … established.

Clay v. Independent School District

187 Iowa 89 · Supreme Court of Iowa · Sep 26, 1919

their original petition prayed that a writ .of mandamus issue, commanding the defendants to discontinue employment of, or *93 permission to, any person to teach in any of the schools of the district, except persons legally qualified … In our judgment, this is a question so clearly within the discretion of the directors as to leave no room for argument.

Iowa Supreme Court Attorney Disciplinary Board v. Theodore Fredrick Sporer

897 N.W.2d 69 · Supreme Court of Iowa · Apr 28, 2017

The court also ordered that Linda receive substantial retirement assets through a qualified domestic relations order (QDRO) with a value in excess of $100,000. … Sporer replied, “That is correct,” but qualified his response by stating, “I am not entirely certain that it was hand-delivered.

American Civil Liberties Union Foundation of Iowa, Inc. v. Records Custodian, Atlantic Community School District

818 N.W.2d 231 · Supreme Court of Iowa · Jul 27, 2012

The exemption for personnel, medical, and similar files is qualified, and a court must determine whether disclosure of a document would constitute a “clearly unwarranted” invasion of privacy. See id. … Clearly, the public concern in this case is legitimate.

Amended July 29, 2016 David L. Taft Jr. v. Iowa District Court for Linn County

Supreme Court of Iowa · May 27, 2016

The court noted that even Taft’s expert appeared to equivocate on whether he should be discharged or moved to the transitional release program and did not clearly address Taft’s antisocial personality disorder. … At argument, Taft agreed he would not qualify under the statute for the transitional release program even if he were not required to meet the challenged criteria.

Qwest Corporation v. Iowa State Board of Tax Review

829 N.W.2d 550 · Supreme Court of Iowa · Apr 12, 2013

Further, the subsection 476.[1]D(10) exemption applied to all newly acquired equipment purchased by qualifying CLDCs — not merely equipment used to provide long distance service. … Thus the exemption provided an incentive for established long distance companies to move into the local exchange market.

Frost v. State

172 N.W.2d 575 · Supreme Court of Iowa · Jan 19, 1970

We might add, although it seems unnecessary, that the construction of highways, including bridges, qualifies as a public purpose under this rule. Section 4.1(5), Code of Iowa; Rhodes v. … The primary road fund is established by the legislature under chapters 312 and 313, Code of Iowa.

State v. Bell

206 Iowa 816 · Supreme Court of Iowa · Oct 16, 1928

The defendant introduced witnesses who, after qualifying, testified' that his general reputation for honesty in the *820 community where he resided was good. … This would have been clearly improper, if offered by the State as direct testimony, and we cannot conceive it to be any less so, from the fact that it was drawn out on cross-examination.

Wright v. Wright

189 Iowa 921 · Supreme Court of Iowa · Oct 2, 1920

Wright executor, and he qualified and acted as such. In August, 1910, George B. … It does not appear to us that it has been proven clearly that George B. did furnish the money for all these properties, the title of which was taken in his wife.

Planned Parenthood of the Heartland, Inc., Emma Goldman Clinic, and Sarah Traxler M.D. v. Kim Reynolds ex rel. State of Iowa, and Iowa Board of Medicine

Supreme Court of Iowa · Jun 28, 2024

The 1998 amendment was clearly meant to erase all that. … I think that answer is clearly yes.

State Ex Rel. Fletcher v. District Court

213 Iowa 822 · Supreme Court of Iowa · Sep 29, 1931

If the reasons given by the court for its action are clearly untenable or unreasonable, if its action clearly amounts to a denial of justice, if clearly against justice or conscience, reason and evidence it has abused its … The purpose of the affidavits in the form presented evidently was not to dispute the factual assertions in the state’s application but to qualify the affiants to give and to set forth their opinions that the prejudice and

Planned Parenthood of the Heartland, Inc., Emma Goldman Clinic, and Sarah Traxler M.D. v. Kim Reynolds ex rel. State of Iowa, and Iowa Board of Medicine

Supreme Court of Iowa · Jun 28, 2024

The 1998 amendment was clearly meant to erase all that. … I think that answer is clearly yes.

Stotler Ex Rel. Stotler v. Lutheran Social Service of Iowa

209 N.W.2d 121 · Supreme Court of Iowa · Jul 3, 1973

Moreover this standard is clearly in keeping with Code § 4.2, which states: “The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. … It also follows, an agreement by which a parent or other authorized party releases a child to a qualified agency for adoption placement stands in contract. See 2 Am.Jur.2d, Adoption, §§ 13-14; 2 C.J.S.

Steffy v. Schultz

215 Iowa 831 · Supreme Court of Iowa · Feb 14, 1933

The said Samuel Steffy, the original payee of said note and the grantee in the mortgage, is now deceased, and the appellee Elizabeth Steffy is the duly qualified and acting executrix of his estate. … The record clearly shows that her memory was not good in regard to what took place at the time of the conversation between Mrs. Steffy and Fred Schultz. She says that she did not say that she would have Mr.