Case law

In Re The Marriage Of David A. Brown And Pamela S. Brown, Upon The Petition Of David A. Brown

Supreme Court of Iowa · Dec 18, 2009

It is well established that the divorce decree was therefore final and settled all rights and interests of the parties in the property of one another. Carr v. … Effect is to be given to that which is clearly implied as well as to that which is expressed.

Hurd v. Iowa Department of Human Services

580 N.W.2d 383 · Supreme Court of Iowa · Jun 15, 1998

Hurd contends that the phrase “in contested cases” mentioned in IAC rule 441-95.12(3) establishes his right to a “contested ease” *388 hearing before the agency. … Here, neither party contends that the CSRU’s action with respect to disclosing information to consumer reporting agencies qualifies as rule-making.

Kuehn v. Jenkins

251 Iowa 718 · Supreme Court of Iowa · Jan 12, 1960

The question of lookout was clearly one for the jury. III. … But we have established the rule in Iowa, and the difference is generally recognized in other jurisdictions. We are not disposed to change it.

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

Supreme Court of Iowa · May 31, 2019

In the IUB’s view, Dakota Access qualifies as a common carrier. … I agree with the majority that incidental economic benefits alone are not enough for a taking to qualify as “for public use” under article I, section 18.

Amended July 19, 2016 Deanna Jo Ramirez-Trujillo v. Quality Egg, L.L.C., Wright County Egg Division, and Selective Insurance Company of America

Supreme Court of Iowa · Apr 15, 2016

Iowa Code section 85.27(4) affords an employer who does not contest the compensability of a workplace injury a qualified statutory right to control the medical care provided to an injured employee. R.R. … Rather, an employer’s right to control care is a limited or qualified right. R.R. Donnelly, 670 N.W.2d at 195, 197; W. Side Transp. v. Cordell, 601 N.W.2d 691, 693 (Iowa 1999); see Bell Bros., 779 N.W.2d at 203–04.

State v. Olson

249 Iowa 536 · Supreme Court of Iowa · Jan 20, 1958

Franck failed to qualify as an assistant to the county attorney by posting bond and taking an oath of office and was therefore improperly before the grand jury. … When these assessments were paid, clearly the district had funds. Prior thereto the assessments were liens against the lands.

Hopping v. Burnam

2 Greene 39 · Supreme Court of Iowa · May 15, 1849

These decisions are explained and qualified in Jackson v. Chamberlain, 8 Wendell 621 , and in Jackson v. Post, 15 ib. 588. … This as clearly comprises creditors without liotice, as it does purchasers. Beyond the tWo exceptions, it is unqualified in its extent and application.

State ex rel. Witter v. Forkner

28 L.R.A. 206 · Supreme Court of Iowa · Apr 2, 1895

is entirely in accord with the principle of local self-government that the power to enact police regulations on matters so closely connected with the good order and prosperity of a city should be lodged with those best qualified … The city council also has power to levy and collect additional taxes, and to adopt further rules and ordinances for regulating and controlling the traffic; clearly indicating that the whole matter is one of police regulation

Alitz v. Minneapolis & St. Louis Railroad

196 Iowa 437 · Supreme Court of Iowa · May 8, 1923

In our judgment, the danger to which plaintiff exposed himself by attempting the crossing was not so clearly imminent that, under all the circumstances, a jury of fair-minded men could not have found that he was exercising … The witness qualified by saying that he had observed and was familiar with the speed of locomotives and trains, and said that. he should "judge this train was going about 50 miles per hour. ’ ’ On cross-examination, he was

Quinn v. Bane

182 Iowa 843 · Supreme Court of Iowa · Oct 25, 1917

It was not so paid, and the administrator interposes three defenses against the allowance or establishment of the notes as claims against the estate: (1) That the notes are not' negotiable, and therefore plaintiff took them … Bank of Graettinger, supra, where the language used clearly did not impose any obligation upon the payee to grant an extension of time of payment, the notes were held negotiable.” See also State Bank of Halstad v.

State v. Ostrander

18 Iowa 435 · Supreme Court of Iowa · Jun 5, 1865

In a matter of this kind we cannot say that he must necessarily have the fact entitling to an excuse established by an oath. … The proof is sufficient if it establishes guilt to a moral certainty — such a certainty as firmly and fully convinces the understanding of jurors.

Teeple v. Fraternal Bankers' Reserve Society

179 Iowa 65 · Supreme Court of Iowa · Jan 20, 1917

In passing upon this question, the Supreme Court concedes the rule as to strict warranties to be as stated by the trial court, but says that: “Unless clearly demanded by the established rules governing the construction of … To go to the extent contended for by appellant would be to sustain a rule by which every life insurance company or organization could render itself practically immune against liability in every case where it did not voluntarily

State ex rel. Howe v. Mayor of Des Moines

103 Iowa 76 · Supreme Court of Iowa · Oct 9, 1897

the exercise of the legislative power and within that power lies the authority to prescribe the rules of taxation, and to regulate the manner in which those rules shall be given effect. * * * There is, nevertheless-, one clearly … It may be admitted in the case before us that the board of library trustees is composed of high-minded, honorable men and women, and it may be that this board is better qualified to- know what such tax should be than is the

Jennifer Morris, Individually and as the Administrator for the Estate of Daulton Holly, and Jason Allan Holly v. Legends Fieldhouse Bar and Grill, LLC, Pretty Women Inc., d/b/a The Beach Girls, J.P. Parking, Inc., James E. Petry, ABC Corp., a fictitious corporation and Ronald Paul Hauser

Supreme Court of Iowa · Apr 30, 2021

Because duty is established, the only real question in this case is whether the defendants breached their duty of reasonable care. … Second, exceptions to the duty analysis based on public policy are reserved to exceptional cases where the public policy is clearly articulated by the court.

Jennifer Morris, Individually and as the Administrator for the Estate of Daulton Holly, and Jason Allan Holly v. Legends Fieldhouse Bar and Grill, LLC, Pretty Women Inc., d/b/a The Beach Girls, J.P. Parking, Inc., James E. Petry, ABC Corp., a fictitious corporation and Ronald Paul Hauser

Supreme Court of Iowa · Apr 30, 2021

Because duty is established, the only real question in this case is whether the defendants breached their duty of reasonable care. … Second, exceptions to the duty analysis based on public policy are reserved to exceptional cases where the public policy is clearly articulated by the court.

Mark Griffioen, Joyce Ludvicek, Mike Ludvicek, Sandra Skelton, and Brian Vanous, Individually and on Behalf of All Others Similarly Situated v. Cedar Rapids and Iowa City Railway Company, Alliant Energy Corporation, Union Pacific Railroad Company, and Union Pacific Corporation.

914 N.W.2d 273 · Supreme Court of Iowa · Jun 22, 2018

Clearly, not all state-law tort claims involving railroads are preempted by the ICCTA. … The court reasoned, The uncontroverted facts, as stated in the pleadings, establish that the ICCTA expressly preempts the state law claims stated by Plaintiffs.

State v. Blanford

306 N.W.2d 93 · Supreme Court of Iowa · May 13, 1981

However, we should reject such protestations when the surrounding circumstances clearly demonstrate that cannot be true. We believe this is such a case. … None of this was important to establishing defendant’s guilt. The basic facts of the assault were already properly in evidence.

State v. Smith

192 Iowa 218 · Supreme Court of Iowa · Nov 26, 1920

a legitimate purpose, deemed by defendant to be necessary or desirable, the signature purporting to be signed is thus sufficiently qualified to be a standard. … was established by a preponderance only.

Rose Acre Farms, Inc. v. Board of Review

479 N.W.2d 260 · Supreme Court of Iowa · Dec 24, 1991

For the purposes of property taxation only, the following shall be assessed and taxed, unless otherwise qualified for exemption, as real property: c. … It also established the fact towers are built to be movable. Id. at 636 (emphasis added). With these factors in mind, we turn to the evidence in this case.

Steckelberg v. Randolph

404 N.W.2d 144 · Supreme Court of Iowa · Apr 15, 1987

Finally, the contract itself clearly described an intent to create a mortgage and not to pass title to the farm. … Aquaslide ‘N’ Dive Corp., 350 N.W.2d 149, 155 (Iowa 1984), had been established. We agree. There was no abuse in the ruling. AFFIRMED. 1 .