Case law

Englund v. Younker Bros.

259 Iowa 48 · Supreme Court of Iowa · May 3, 1966

In order that they may be so taxed the case must come clearly within the terms of the statute or agreement. Indeed the court does not have inherent power to tax costs even to the losing party. Harris v. … A custom or usage in any particular trade or business may be shown, as a fact, by a witness who is qualified by knowledge and experience to testify to its existence. Anderson v. Illinois Cent. R.

Amended May 4, 2015 Dylan Book and Karen Book v. Voma Tire Corporation, Hunter Engineering Company, Iowa Tire, Inc., Holt Sales and Service, Inc., SICE, S.p.A. and SICE Automotive Equipment Societa Italiana Costruzioni Elettromeccaniche S.I.C.E.-S.p.A.

860 N.W.2d 576 · Supreme Court of Iowa · Mar 6, 2015

at the Chinese port, but that mode of sale and shipment does not create immunity from tort liability or preclude jurisdiction in the destination where the tires are shipped. See Luv N’ Care, Ltd. v. … Their interest in obtaining convenient relief at home clearly outweighs Doublestar’s interest in avoiding Iowa in favor of Tennessee.

Schmith v. Union Mutual Casualty Co.

216 Iowa 936 · Supreme Court of Iowa · Apr 4, 1933

To the end that the issues and controversies here presented may be clearly understood, it is necessary that we detail the facts and circumstances pertaining to the issuance of the policy of insurance and subsequent events … The errors relied upon for reversal are: (1) “The facts, as stipulated, establish, as a matter of law, that a contract of insurance existed on December 24, 1930.” (2) “The facts, as stipulated, establish, as a matter of law

Stotts v. Eveleth

688 N.W.2d 803 · Supreme Court of Iowa · Nov 10, 2004

Section 272.2 also gives the board exclusive authority to “[ajdopt rules to determine whether an applicant is qualified to perform the duties for which a license is sought.” Id. § 272.2(14). … Section 272.2 clearly suggests that this provision was intended to be a regulatory measure designed to provide the board with authority to suspend or revoke a teacher’s license in those situations when violations of its provisions

Tucker v. Stewart

147 Iowa 294 · Supreme Court of Iowa · May 4, 1910

Floyd, and qualified by giving the bond upon which plaintiffs seek to recover in these actions. Said bond was executed by himself, as principal, and by M. H. Waples, Bobert W. Stewart, T. G. Oragin,- and B. W. … But the conclusion which counsel draw from these premises is clearly untenable.

Hobson v. Hobson

248 N.W.2d 137 · Supreme Court of Iowa · Dec 15, 1976

Principles governing appeals of this type are well established; it is their application which causes the court difficulties. Our review, of course, is de novo. … We find Lauren is steady, dependable, loves his children and is better qualified than Karin to minister to the long-range needs of Mark and Monty.

Ball v. Williams

250 Iowa 216 · Supreme Court of Iowa · Dec 16, 1958

The deficiency was just as effectively established by the statutory redemption as it would have been by sale. … The very fact that appellee credited only $22,000 of his judgment clearly indicates a contrary intent.

State v. Pace

602 N.W.2d 764 · Supreme Court of Iowa · Nov 17, 1999

The fighting question is whether it also qualifies under the second prong of the definition of an occupied structure as a place “adapted for overnight accommodation of persons, or occupied by persons for the purpose of carrying … A defendant establishes prejudice by showing “there is a reasonable probability that, but for the counsel’s unprofessional errors, the result of the proceeding would have been different.” State v.

Reed v. Wright

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

“By the law of the land is most clearly intended the general law, a law which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial. … The meaning is that every citizen shall hold his life, liberty, property and immunities under the protection of general rules which govern society.

Amended December 2, 2014 Linda Pippen, on Behalf of Themselves and All Others Similarly Situated v. State

Supreme Court of Iowa · Jul 18, 2014

Griggs clearly established that a civil rights claim could be based on disparate impact without proving discriminatory animus or motivation in cases involving objective standardized tests or employment … Overall, his analysis showed that a minimally qualified white person had a forty percent greater chance of being hired than a minimally qualified African American.

In RE the Marriage of Rachel A. McDermott and Stephen J. McDermott Upon the Petition of Rachel A. McDermott

827 N.W.2d 671 · Supreme Court of Iowa · Mar 1, 2013

The support payment decreases as children no longer qualify for support, ultimately amounting to only ninety dollars per month when the last child is eligible. … Similarly, Patrick’s will clearly bequeathed the balance owed on the real estate contract to both Stephen and Rachel.

State v. McPhillips

580 N.W.2d 748 · Supreme Court of Iowa · Jul 1, 1998

To show an abuse of discretion, the defendant must prove that the magistrate “exercised [her] discretion on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” State v. … The parties also disagree on whether Rhonda McPhillips' conversations with the police qualified as "testimony” within the meaning of the second part of § 622.9.

Fleming v. Fleming

194 Iowa 71 · Supreme Court of Iowa · Dec 16, 1919

Will anyone venture to affirm that the writing in the Logue case more clearly or even as clearly evinced an intent to cut off the inheritable interest and to create a survivorship? … The writings either clearly create the tenancy, or they do not.

State v. Webb

261 Iowa 1151 · Supreme Court of Iowa · Feb 6, 1968

After extensive analysis this conclusion appears: "The words of it are simple and their meaning well known to anyone having, or qualified to have, a motor-vehicle operating license. … Purely statutory offenses cannot be established by implication. There can be no constructive offenses.

Comes v. Microsoft Corp.

775 N.W.2d 302 · Supreme Court of Iowa · Nov 20, 2009

Although our decisions clearly require a showing of “good cause” when a party seeks an order protecting sensitive information, we have not previously been asked to determine the standard to be applied when an intervenor involved … The Canadian plaintiffs do not claim the documents and data which Microsoft seeks to protect do not qualify as trade secrets nor do they seek the release of the information to the general public.

Waldman v. Sanders Motor Co.

214 Iowa 1139 · Supreme Court of Iowa · Jun 24, 1932

After qualifying as to his ability to judge the speed of a car, he was permitted to testify that at the time the Sanders car passed him it was, in his judgment, moving at the rate of 45 miles an hour. … The plat which we have referred to and certain photographs offered in evidence clearly show that more than 40 per cent of the frontage on Third Street at and near the intersection in question, for a distance of 300 feet,

Bankers Life & Casualty Co. v. Alexander

242 Iowa 364 · Supreme Court of Iowa · Dec 12, 1950

While plaintiff alleges it has this trademark, registered in Iowa, defendant’s answer denies the allegation and it has not been established by proof. … We are clearly of tbe opinion plaintiff is not entitled to an affirmance on the strength of its allegation “The White Cross Plan” is a registered trade-mark.

State of Iowa v. Patrick Edouard

854 N.W.2d 421 · Supreme Court of Iowa · Jul 18, 2014

Given the existence of that professional treatment environment and relationship, we concluded, the nursing assistant’s provision of certain services might reasonably have “qualifie[d] him as a ‘counselor’ or ‘therapist’ for … A failure of that nature, we have often said, will establish prejudice. See, e.g., State v.

State v. Thomas

172 Iowa 485 · Supreme Court of Iowa · Nov 17, 1915

The distinction is clearly pointed ont in the quotation from Bishop (2 Bish. Crim. L. … Witnesses were asked the direct question, without first qualifying themselves to answer, whether they considered the defendant insane or not. One H. W.

Englund v. Younker Brothers, Inc.

142 N.W.2d 530 · Supreme Court of Iowa · Jun 14, 1966

In order that they may be so taxed the case must come clearly within the terms of the statute or agreement. Indeed the court does not have inherent power to tax costs even to the losing party. Harris v. … A custom or usage in any particular trade or business may be shown, as a fact, by a witness who is qualified by knowledge and experience to testify to its existence. Anderson v. Ill. Cent. Ry.