Case law

Brett v. Brett

191 Iowa 262 · Supreme Court of Iowa · Apr 6, 1921

Many of the circumstances are clearly established against him. Others are not so clearly established. … Some of them qualify this somewhat, on cross-examination, by saying that she had a temper.

State v. Miller

254 Iowa 545 · Supreme Court of Iowa · Oct 16, 1962

These statements were clearly a part of the res gestae. They were admissible in corroboration, State v. Mitchell, 68 Iowa 116, 119 , 26 N.W. 44 ; State v. Altomari, 199 Iowa 43, 46 , 201 N.W. 51 ; State v. … Consolidated Prod- *552 nets Co., 232 Iowa 328 , 5 N.W.2d 646 , wherein the authorities are exhaustively analyzed and the rule of admissibility established.

State v. Brandt

253 N.W.2d 253 · Supreme Court of Iowa · Apr 20, 1977

Raisch, as completely and clearly as you can? A. Yes, I will. … Sanderson was a duly qualified and acting assistant county attorney for Emmet County.”

McMain v. Iowa District Court for Polk County

559 N.W.2d 12 · Supreme Court of Iowa · Feb 19, 1997

And, as the probate court acknowledged, these grandparents do not qualify for visitation rights under our grandparent visitation statute, Iowa Code § 598.35 , because they do not meet any of the grounds set out in the statute … The policy expressed as a legal principle in Ankeney clearly supports the probate court's decision in the case at bar.

John Baker Vs. City Of Iowa City, Iowa, And Iowa City Human Rights Commission

Supreme Court of Iowa · May 30, 2008

An abuse of discretion will be found when the  6 district court exercises its discretion on grounds or for reasons that are clearly untenable or to an extent that is clearly unreasonable … This argument ignores the statutory language qualifying  12 the noun “categories”: “of unfair and discriminatory practices.”

Walles v. International Brotherhood of Electrical Workers

252 N.W.2d 701 · Supreme Court of Iowa · Apr 20, 1977

The written grounds in the special appearance of the International were: (1) the International by allegation of the petition did not qualify as a nonresident and thus could not be served under section 617.3, The Code, 1971 … Specifically, defendants argue plaintiff alleges the maintenance of a “closed shop” pursuant to the alleged agreement which is clearly violative of sections 8(a)(1) and 8(a)(3) of the NLRA, 29 U.S.C.A. section 158 (a)(1)

Arthur Yates, Beverly Yates, And Yates Kennel, Inc. Vs. Iowa

Supreme Court of Iowa · Sep 15, 2006

Clearly, an accusation of a crime is laden with factual content and the facts are easily verifiable. Such was the case in Milkovich. … Therefore, in a case of this kind, proof that the animal died or was permanently injured does not establish a case for the plaintiff.

Marley v. Orval P. Johnson & Co.

215 Iowa 151 · Supreme Court of Iowa · Oct 25, 1932

(2) If this right is established, did the workman forfeit compensation benefits for injury arising out of employment in failing to park his car on the highway instead of the cemetery? … Without setting out the reasoning of the Industrial Commissioner here, the result thereof is clearly expressed by the following statement: “On neither of these counts does the case of claimant fail.”

Iowa Supreme Court Att'y Disciplinary Bd. v. Curtis W. Den Beste

Supreme Court of Iowa · Sep 13, 2019

This admission by Den Beste clearly establishes this was not a fee dispute between him and his firm, but rather, that he knowingly took money that clients owed the firm and converted it for his own use. … Iowa Code § 714.1(1)–(2) (2019). 1 At a minimum, Den Beste’s conduct qualifies as second-degree theft, a class “D” felony.

Sarich v. Havercamp

203 N.W.2d 260 · Supreme Court of Iowa · Dec 20, 1972

Clearly, the order of Judge Phelps in permitting the substitution of plaintiffs was in keeping with the letter of chapter 166 of the acts of the 62nd G.A. … Crimes carrying possible penalties up to six months do not require a jury trial if they otherwise qualify as petty offenses (citations).

Morgan v. American Family Mutual Insurance

534 N.W.2d 92 · Supreme Court of Iowa · Jun 21, 1995

Hines, a neurologist, because he did not feel qualified to make a diagnosis of partial complex seizures. Dr. … However, the mere fact that the parties disagree on the meaning of a particular term does not establish ambiguity. Id.

Flynn v. Holman

119 Iowa 731 · Supreme Court of Iowa · Apr 9, 1903

Flynn qualified and acted as executor. On May 3, 1898,. the executor filed his final report, showing, among other things, that he had paid Sarah L. … Reading the will in the light of these established facts, can there be any serious doubt as to what tracts of land were intended by the testatrix when she made use of the description “S E, S W in section 18 range 22 forty

State of Iowa v. Justin Dean Short

851 N.W.2d 474 · Supreme Court of Iowa · Jul 18, 2014

The dissent believed that a search by a parole officer qualified as one of the exceptions to the warrant requirement. Id. at 543-44 (concluding a parolee has a special status under search and seizure law). … As explained by Shambaugh, the bill of rights set forth in the Constitution of the Territory of Iowa was "exceedingly brief” and consisted solely of incorporation of the rights, privileges, and immunities granted to the Territory

Harrington v. Fortman

233 Iowa 92 · Supreme Court of Iowa · Apr 6, 1943

W. 584 , 587: “Plaintiff was entitled to go to the jury upon every causative fact alleged in his petition and denied by the answer which there was evidence tending to establish. Kinyon v. Chicago & N. W. R. … Since the court assumed to *102 instruct on this issue, and to set out the statute, it should have included the qualifying clause omitted therefrom.

Fairall v. Arnold

226 Iowa 977 · Supreme Court of Iowa · May 2, 1939

James, the wife of AYilliam Henry James, died testate on January 2, 1925, leaving all of her property, including the real estate in question, to her husband, who qualified as the executor of her estate. … Notwithstanding the appellee denies that his claim for past performed services is an essential element in his case, save as a corroborative circumstance, the record quite clearly indicates that the real consideration for

Christy v. Heil

255 Iowa 602 · Supreme Court of Iowa · Sep 17, 1963

The trial court in this case instructed the jury the plaintiffs must establish by clear, satisfactory and convincing evidence that the defendants or either of them knowingly made false representations concerning the condition … Before the jury could find for the plaintiffs under this instruction they would have to find that defendants made the statement that the water was clean. *610 As this is clearly a misstatement of a fact, the instruction on

Glatstein v. Grund

243 Iowa 541 · Supreme Court of Iowa · Jan 8, 1952

While they deny this, their'denials are .somewhat qualified. … Evidently defendant’s counsel attempted to establish the cross-petition in part by cross-examination of plaintiff. Obviously defendant cannot complain of testimony thus elicited.

Iowa Supreme Court Attorney Disciplinary Board v. Richard Scott Rhinehart

827 N.W.2d 169 · Supreme Court of Iowa · Feb 15, 2013

Conduct that results in such unnecessary proceedings clearly impedes the efficient operation of the court. … Accordingly, we hold the Board has established Rhinehart collected an unreasonable fee in violation of rule 32:1.5(a).

Planned Parenthood of the Heartland, Inc. and Jill Meadows v. Iowa Board of Medicine

Supreme Court of Iowa · Jun 19, 2015

If the ultrasound images are of poor quality or do not clearly show the gestational sac, the physician does not dispense the medication to the woman. … Ed. 2d 687 (1983)] that the State may not require that a physician, as opposed to a qualified assistant, provide information relevant to a woman’s informed consent.

State v. Campbell

294 N.W.2d 803 · Supreme Court of Iowa · Jul 16, 1980

It did not in any way independent from defendant’s testimony attempt to establish the amount of alcohol he actually had consumed or the actual alcohol level of his blood. … Of course, the inconsistency between defendant’s testimony regarding his alcohol consumption and the State’s evidence of the test results was most clearly shown by Dr.