Case law

State v. Predka

555 N.W.2d 202 · Supreme Court of Iowa · Nov 8, 1996

In reaching this conclusion, the Court developed a two-part test for determining when an in rem forfeiture qualifies as punishment: (1) Did Congress intend the forfeiture to be criminal and punitive, or civil and remedial … Second, the two forfeiture statutes in question do not require the Government to establish scienter in order to establish the property is subject to forfeiture.

Bettendorf v. Bettendorf

190 Iowa 83 · Supreme Court of Iowa · Oct 19, 1920

Bettendorf, 2 shares to others, to qualify them to act as directors, and 643 shares to W. P. Bettendorf. … If “ ‘the cestui que trust clearly discharges the trustee from the trust, and considers him as an indifferent person, he may purchase; but it must clearly appear that the purchaser, at the time of purchase, had shaken off

Kurth v. Kansas City Life Insurance

227 Iowa 242 · Supreme Court of Iowa · Oct 24, 1939

In order that the apparent issues raised by the pleadings may be disregarded and the actual issues be more clearly understood, we undertake to state first the matters about which there is no dispute in the record. … better than what he thinks he cannot do. • While there are symptoms of traumatic neurosis or neurasthenia in the complaints as to headaches and loss of use of the leg, there is too much falsification about them for them to qualify

Gatton v. Chicago, Rock Island & Pacific Railway Co.

28 L.R.A. 556 · Supreme Court of Iowa · May 28, 1895

In-other words, it seems to us that to give the words “in law and equity,” a,s used in the constitution, the meaning contended for, is to ignore the meaning and effect of the qualifying words which follow them. … Clearly, it must be by the local municipal law, at least until some superior or permanent law has been prescribed. At Parkersburg, it is the law of West Virginia.

Davies v. Wilson

229 Iowa 100 · Supreme Court of Iowa · Oct 15, 1940

He must establish that he was nominated on election day and was therefore entitled to the certificate. That is the only issue in the case. Section 593 designates who is nominated. … Everett, was on and after election day legally qualified to be nominated and to hold the office. In State ex rel. Sheets v. Speidel, 62 Ohio St. 156 , 56 N.

Amended August 24, 2016 National Surety Corporation, an Illinois Corporation v. Westlake Investments, LLC, an Iowa Limited Liability Company

Supreme Court of Iowa · Jun 10, 2016

The mere fact that parties disagree as to the meaning of terms in an insurance policy does not establish the policy is ambiguous. Id. … However, Westlake established this defective work product resulted from defective work performed by the insureds’ subcontractors, not the insureds themselves.

Hobbs v. Martin Marietta Company

257 Iowa 124 · Supreme Court of Iowa · Dec 15, 1964

the trial court’s order setting aside a default and judgment, and has added that in passing upon the merits of a showing of “good cause” the trial court exercises a broad or wide sound judicial discretion, which, unless clearly … Even before the adoption of rule 236 this court recognized these well established principles and gave a liberal interpretation of the grounds deemed sufficient for setting aside a default. Barto v.

Mercer v. Pittway Corp.

616 N.W.2d 602 · Supreme Court of Iowa · Sep 7, 2000

An abuse of discretion occurs when “the court exercised [its] discretion on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” Waits, 572 N.W.2d at 569 (quoting State v. … Third, the witness must be qualified as an expert by knowledge, skill, experience, training, or education. Id.; accord Leaf, 590 N.W.2d at 533 .

State v. Wilson

236 Iowa 429 · Supreme Court of Iowa · Jun 19, 1945

Immediately after the testimony of Yan Genderen, noted just above, the defense called Oscar Raines, a qualified witness on the matter, and asked him the general-reputation question referred to in assigned error one. … The court’s rulings were clearly erroneous and distinctly prejudicial.

Michael Joseph Berent, Michael Steven Romp, Jeff Wayne Thorne, Paul Bryson Ingram, Nichelle Aline Thompson, Rodney Edward Sullivan, Sara Lillis Epstein, Sara Crane Swisher, Bette Jayne Mayes, Caroline M. Dieterle, Matt Blizek, Mori Constantino, Amanda Coyne, Lolly Eggers, Ellen Haywood, Jon Klinkowitz, Karen Kubby, Bob Thompson, James Walters, Roberta Till Retz And Jennie Louise Embree

Supreme Court of Iowa · Aug 31, 2007

As noted by one court, it makes no difference whether a proposal is “clearly illegal” or just “illegal,” as under either circumstance, the proposal is invalid. Haumant v. Griffin, 699 N.W.2d 774, 780 (Minn. Ct. … not qualify for inclusion in a city charter.

State v. Row

81 Iowa 138 · Supreme Court of Iowa · Oct 15, 1890

The indictment was for murder of the first degree, and ■on the trial it was competent to admit evidence tending to establish murder of either degree, or of manslaughter. … Appellant says: “The error is in qualifying or intensifying the idea or phrase ‘self-defense’ by the word ‘justifiable.’”

Hanley v. Fidelity & Casualty Co.

180 Iowa 805 · Supreme Court of Iowa · Jan 20, 1917

In rebuttal, the plaintiff introduced the evidence of a , witness who qualified himself to speak as an expert. … Upon the'trial, the plaintiff clearly made a primafacie case for a recovery.

Sioux Pharm, Inc. and Sioux Biochemical, Inc. v. Eagle Laboratories, Inc. Bio-Kinetics Corporation And Dana Summers

865 N.W.2d 528 · Supreme Court of Iowa · Jun 26, 2015

A district court abuses its discretion “when the grounds underlying a district court order are clearly untenable or unreasonable.” … A district court abuses its discretion when it exercises its discretion for reasons that are clearly untenable. See Mediacom Iowa, 682 N.W.2d at 66 .

McCoy v. Flynn

169 Iowa 622 · Supreme Court of Iowa · Mar 19, 1915

But it has been settled law of England for a long period, that a condition subsequent annexed to a legacy, in qualified restraint of marriage, although the restraint was lawful and reasonable, nevertheless did not operate … Although the subject, in some of its special applications and phases, is still more confused and uncertain than perhaps any other branch of equity jurisprudence, yet certain general rules have been established beyond all

State v. Matheson

130 Iowa 440 · Supreme Court of Iowa · Apr 10, 1905

The process of X-ray photography is now as well established as a recognized method of securing a reliable representation of the bones of the human body, although they are *445 hidden from direct view by the surrounding flesh … This was clearly improper, for such declaration could do no more than prove the p0;[ief 0f defendant that his son was implicated in the theft of the jewelry.

In the Interest of W.T., Minor Child

Supreme Court of Iowa · Dec 3, 2021

would have been allowed if the attorney could have articulated a more compelling circumstance that caused the delay.  8 with a permanency plan” by adding an additional qualifier … We thus established a two-part approach for delayed appeals in TPR cases.

Iowa Supreme Court Board of Professional Ethics & Conduct v. Lesyshen

585 N.W.2d 281 · Supreme Court of Iowa · Oct 21, 1998

Clearly, the commission focused on subsection 2 of DR 6-101(A): “A lawyer shall not handle a legal matter without preparation adequate in the circumstances.” … For reasons that follow, we agree with the board that the factual scenario we detailed earlier establishes neglect by a convincing preponderance of the evidence.

State of Iowa v. Brianna Sue Watson

Supreme Court of Iowa · Feb 18, 2022

Watson also argued the COVID-19 pandemic alone cannot qualify as good cause for the State’s violation of the speedy indictment rule. … The State bears the burden of establishing good cause under rule 2.33(2)(a). Ennenga v.

Amended August 23, 2016 Estate of Paul Dedrick Gray by Brenna Marie Gray, Administrator of the Estate, and Brenna Marie Gray, Individually and on Behalf of O.D.G., Minor Child of Paul Dedrick Gray and Brenna Marie Gray Vs. Daniel J. Baldi Daniel J. Baldi, D.O., P.C. United Anesthesia & Pain Control, P.C. Central Iowa Hospital Corporation Iowa Health Pain Management Clinic Iowa Health System

Supreme Court of Iowa · May 6, 2016

Thus, the action was clearly “brought on behalf of a minor.” See id. … In particular, the  21 depositions clearly establish that the Kragelunds did not exclusively rely on Peterson and Midwest Dairy . . . either to remove the old stalls

In Re Marriage of Boyd

200 N.W.2d 845 · Supreme Court of Iowa · Sep 19, 1972

Inasmuch as respondent has not taught since 1952 she is not now qualified to teach and it would take at least 15 semester hours to get an emergency certificate and even then there would be little chance of employment with … The minister’s report is clearly an opinion. Opinion evidence is seldom conclusive even when uncontradicted.