Case law

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.

Kempf v. City of Iowa City

402 N.W.2d 393 · Supreme Court of Iowa · Mar 18, 1987

When this seemingly absolute protection is found to be qualified by the police power, the natural tendency of human nature is to extend the qualification more and more until at last private property disappears. … Thus an ordinance may be valid in its general aspect and at the same time be clearly arbitrary and unreasonable as applied to a particular state of facts.”).

In Re the Adoption of Clark

183 N.W.2d 179 · Supreme Court of Iowa · Jan 19, 1971

The important thing is that the entity be clearly responsible for the child and thus, in the child's eyes able to control, protect, nourish and provide for him. … She left her five children, then ranging in age from one to seven years, to establish an adulterous liaison with her paramour, which relationship later led to a marriage.

Burger v. Frakes

67 Iowa 460 · Supreme Court of Iowa · Dec 10, 1885

But we are clearly of the opinion, and do decide, that if in such a case an act of adoption may be made at all, it must be with the ■assent of the guardian. … These rights, the exercise of which would establish the character of the child and direct its mental and moral development, would be regarded as of far greater value than lands and goods by many whose affection and pride

Goodell v. Humboldt County

575 N.W.2d 486 · Supreme Court of Iowa · Mar 5, 1998

The statute clearly contemplates that land use regulation under chapter 335 will have the fundamental characteristic of zoning — regulation by district. … Notably, chapter 400 contains no statement that successful completion of a civil service examination confirms that one is qualified for the job one seeks.

Bennett v. Atchison, Topeka & Santa Fe Railway Co.

191 Iowa 1333 · Supreme Court of Iowa · Jun 25, 1921

Tbe burden of proof was upon tbe plaintiff, to establish by a preponderance of the evidence tbe causal connection between tbe alleged negligence and tbe injuries complained of. … The statement of the rule was in no manner qualified by any instruction as to the present worth of such sum, as representing the pecuniary loss.

Moyers v. Fogarty

140 Iowa 701 · Supreme Court of Iowa · Jan 19, 1909

It is evident that under the issues tendered by the answer it became a matter of first importance to the appellant to produce, if he could, evidence tending to establish Fogarty’s connection Avith the several contracts in … While the answer called for may partake somewhat of the nature of a conclusion, it so far partakes of fact that the witness speaking- from personal knowledge and acquaintance is qualified to testify upon the subject.

State v. Janssen

239 N.W.2d 564 · Supreme Court of Iowa · Mar 17, 1976

The trial court here clearly negatived any thought that the presumption established by § 321.281 is of the conclusive type and plainly stated that the presumption—or inference, as the court called it—is rebuttable. … In its haste to tell the jury the inference is not conclusive the court qualifies it only by pointing out it is rebuttable, i. e., it may be overcome by evidence.

McClelland v. Snouffer

194 Iowa 1387 · Supreme Court of Iowa · Sep 26, 1922

There is evidence in the record by which, if not otherwise qualified or explained, this proposition could be sustained; for, assuming the validity of the trust deed held by Beatty for the bank, a sale and conveyance made … Subject to the liens thus established, the property in controversy is an asset of the Snouffer estate. V.

Baker v. Baker

169 Iowa 473 · Supreme Court of Iowa · Mar 17, 1915

The action is brought to cancel and set aside a certain deed executed by Eliza and Robert Baker to the defendant, William Baker, and for a decree establishing ownership in said land in favor of the plaintiffs and interveners … This testimony, however, in some instances, is qualified by the statement that this was when he got excited.

State of Iowa v. Vernon Lee Huser

894 N.W.2d 472 · Supreme Court of Iowa · May 5, 2017

In order to qualify as a statement against interest, a person does not need to confess to a crime. Paredes, 775 N.W.2d at 566 . … Statements of motivation for criminal acts have been held to qualify as statements against interest.

Henkel v. Auchstetter

240 Iowa 1367 · Supreme Court of Iowa · Nov 15, 1949

But notwithstanding, under the statute, a contingent remainder may qualify as a vested remainder under the statutory definition of the latter, as we have noted above. … limitation purporting to create a remainder or an ex-ecutory interest, in ‘B or his children,’ or in ‘B or his issue,’ or in ‘B or his descendants,’ or by other language of similar import, the alternative form tends to establish

State v. Osborn

200 N.W.2d 798 · Supreme Court of Iowa · Sep 19, 1972

court found the reasoning above implicit in the provision of rule 41(e), Federal Rules of Criminal Procedure, requiring that a movant for suppression be a person “aggrieved by an unlawful search and seizure”: “In order to qualify … We specifically condemn the tactics often employed by over zealous witnesses of injecting clearly incompetent testimony, not otherwise admissible, which implies the accused has a prior criminal record, in an obvious effort

Nassen v. National States Insurance Co.

494 N.W.2d 231 · Supreme Court of Iowa · Dec 23, 1992

We are unable to accept National States’ suggestion that only an actuary would be qualified to give a valid opinion on the company’s underwriting practices. … Clearly, National States had no basis for contending that plaintiff had intentionally misrepresented vital health information on her insurance application.

State of Iowa v. Tavish Coleon Shackford

Supreme Court of Iowa · Dec 18, 2020

McMurry, we qualified our holding in Petrie as to the costs that weren’t clearly attributable to a particular count of conviction or dismissal. 925 N.W.2d at 599–600. … Because the costs for the eighty-four days are clearly attributed to the forcible felony charge on which Shackford ultimately received an acquittal, and clearly not attributed to the charge on which the State proved its

Amended September 5, 2017 Melissa Stender v. Anthony Zane Blessum

Supreme Court of Iowa · Jun 16, 2017

A district court abuses its discretion when it bases its decisions on grounds or reasons clearly untenable or to an extent that is clearly unreasonable. Sioux Pharm, Inc. v. … I believe rule 32:1.8(j) establishes a standard of conduct— a bright-line rule—clearly violated in this case by Blessum.

Westco Agronomy Co. v. Wollesen

909 N.W.2d 212 · Supreme Court of Iowa · Dec 22, 2017

The court of appeals reversed the district court, disputing that the statute established a presumption of negligence. … As this case neared its trial date, it had clearly become an action at law. In large part it was a contract dispute. Each party alleged different contracts, and each was suing the other for damages.

Beyer v. City of Dubuque

258 Iowa 476 · Supreme Court of Iowa · Jan 11, 1966

. * * '* The theory of these decisions is that, though a qualified juror be excused, another equally competent and fair minded will be selected in his stead, and, if a competent and impartial jury is finally secured before … Clearly the exclusion of Dubuque taxpayers from the jury panel was based upon an established, accepted, reasonable and lawful classification.

Melissa Stender v. Anthony Zane Blessum

Supreme Court of Iowa · Jun 16, 2017

A district court abuses its discretion when it bases its decisions on grounds or reasons clearly untenable or to an extent that is clearly unreasonable. Sioux Pharm, Inc. v. … I believe rule 32:1.8(j) establishes a standard of conduct— a bright-line rule—clearly violated in this case by Blessum.

Meyer v. Nottger

241 N.W.2d 911 · Supreme Court of Iowa · May 19, 1976

The materials before the court clearly raised factual issues with respect to Division I of Meyer’s petition. Trial court apparently recognized this. … Where one holds himself out as specially qualified to perform the services inci *921 dent to a funeral and burial, unless” there is express contrary agreement, it is implied in a contract for such services that such person