Case law

DeLong Ex Rel. Sampson v. Iowa State Highway Commission

229 Iowa 700 · Supreme Court of Iowa · Dec 10, 1940

It was clearly hearsay but that objection was not made. It supported the claimant. … We , think the statements of the father, though hearsay, admitted as they were, and the affidavit, clearly make the connection, and establish the fact.” (Italics ours.)

Ames Canning Co. v. Dexter Seed Co.

195 Iowa 1285 · Supreme Court of Iowa · Oct 17, 1922

Section 4395 of the Code clearly authorizes the enforcement, by action thereon, of awards rendered without compliance with Chapter 14, Title XXI. … These are the acts of the parties relied upon to establish the alleged revocation of the agreement.

Wilson v. Vanden Berg

687 N.W.2d 575 · Supreme Court of Iowa · Oct 6, 2004

Co., 686 N.W.2d 150, 160 (Iowa 2004) (“An abuse of discretion occurs when the court’s decision is based on a ground or reason that is clearly untenable or when the court’s discretion is exercised to a clearly unreasonable … We initially address Vanden Berg’s claim that an expert witness was required because only another lawyer would be qualified to comment on the propriety of his conduct.

Bontrager Auto Service, Inc. v. Iowa City Board of Adjustment

748 N.W.2d 483 · Supreme Court of Iowa · Mar 7, 2008

The board was clearly aware of the requirement that the special exception could not be approved if it substantially impaired neighboring property values. … Later in the same opinion, this seemingly expansive de novo review is qualified: If it had been intended to give to the aggrieved party the right to remove the *492 determination of the entire matter from the local officers

In re the Detention of Nicholas Wygle

910 N.W.2d 599 · Supreme Court of Iowa · Apr 13, 2018

The Gonzales court recognized that the legislature did not expressly qualify the term "presently confined" in Iowa Code chapter 229A.4(1). Id. at 104-05 . … The caselaw clearly emphasizes that as a general proposition, due process requires a recent overt act before a person can be civilly committed. Gonzales , 658 N.W.2d at 105 .

Chickasaw County Board of Review v. Property Assessment Appeal Board; and Growmark, Inc

Supreme Court of Iowa · Jun 5, 2026

For the purposes of property taxation only, the following shall be assessed and taxed, unless otherwise qualified for exemption, as real property: .... c. … See Iowa Code § 427A.1(1)(e) (“Machinery used in [a] manufacturing establishment.” (emphasis added)).

Amended July 10, 2017 Lyle H. Abbas, F. Dow Bates, Bradley J. Brown, Sidney E. Carter, Brad Chicoine, Russell J. Cox, Paul D. Eberline, Joseph N. Geelan, Richard W. Haas, Rex J. Jones, Keith L. Klemme, Elizabeth C. Kressin, Steven J. Kraus, Mark a. Kruse, Rodney D. Langel, Ronald O. Masters II, Kevin Miller, Steven A. Mueller, Mark A. Niles, Valorie J. Prahl, Jennifer A. Rasmussen, Rod R. Rebarcak, Randall P. Stange, Lan

Supreme Court of Iowa · Apr 21, 2017

The commissioner then found the proviso clause simply qualifies the construction clause. The district court approached the problem by referring to its “simplified version” of the statute. … For example, the evidence established chiropractors spend about half the time a physician does to perform a manipulation.

Todd M. Stevens Vs. Iowa Newspapers, Inc., Susan Harman And Erik Brooks

Supreme Court of Iowa · Mar 9, 2007

facts so as to imply a defamatory connection between them, or (2) creates a defamatory implication by omitting facts, [such that] he may be held responsible for the defamatory implication, unless it qualifies … Under New York Times a plaintiff’s proof that the statement in question is false is insufficient to establish defamation.

Winnebago Industries, Inc. And Sentry Insurance Vs. Mark Haverly

Supreme Court of Iowa · Dec 1, 2006

These positions are clearly inconsistent. Id. at 167 (citation omitted). … Security Administration he was unable to work, and the court held he was judicially estopped from later claiming damages for age discrimination against his employer because his later claim required proof that he was qualified

Mason v. Loyal Protective Life Insurance Company

249 Iowa 1167 · Supreme Court of Iowa · Jul 28, 1958

Defendant’s main argument is that the evidence establishes as a matter of law plaintiff *1171 was engaged in “gainful occupation for wbicb be is reasonably fitted”, as the policy states. … Co., 221 Iowa 572 , 265 N.W. 919 , clearly conflicts with the Lyon ease although it is not there mentioned by name.

Koelling v. Board of Trustees of Mary Frances Skiff Memorial Hospital

259 Iowa 1185 · Supreme Court of Iowa · Nov 15, 1966

They could not by rule or regulation employ persons as nurses who did not qualify as provided by the Code, nor could they permit unlicensed persons to practice medicine or surgery. … May, 49 Iowa 224, 229 , involved the constitutionality of a statute permitting people to vote to establish a Superior Court.

City of Vinton v. Engledow

258 Iowa 861 · Supreme Court of Iowa · Mar 8, 1966

Subsequent sections allow indictments to charge separate offenses in separate counts under clearly defined fact situations. … It does establish a standard of care within the City of Vinton but unless it contravenes the statute it is valid.

IBP, Inc. v. Iowa Employment Appeal Board

604 N.W.2d 307 · Supreme Court of Iowa · Dec 22, 1999

This will consist of qualified maintenance personnel instructed in the use of respirators and ammonia protection suits. (Emphasis added.) C. The sequence of events during the ammonia leak. … This language establishes authority for formation of a rescue team.

Farmers Savings Bank v. Cash

199 Iowa 597 · Supreme Court of Iowa · Nov 11, 1924

Should the trustee die, resign, or his office become vacant for any reason, Cash shall have the right to select his successor, who shall qualify by signing a written instrument agreeing to accept the trust. … Clearly, a delivery was intended by Cash, and there was a delivery. No particular form or ceremony is essential, to constitute delivery, nor is manual possession by the grantee necessary.

State v. O'Meara

190 Iowa 613 · Supreme Court of Iowa · May 11, 1920

beyond a reasonable doubt; and that if any were not so established, the accused would be entitled to acquittal. … The charge clearly advised the jury of the elements included in the crime charged, and what was necessary, under the law, to warrant conviction; and we are of the opinion that there was no error, either in defining the several

Dennis Becher v. State of Iowa

Supreme Court of Iowa · Apr 9, 2021

“A ruling is clearly unreasonable or untenable when it is ‘not supported by substantial evidence or when it is based on an erroneous application of the law.’ ” In re Marriage of Kimbro, 826 N.W.2d 696, 698–99 (Iowa 2013 … Becher asserts that in In re A.J.M., we established that in considering whether to waive the sex offender registration requirements for a juvenile, the focus should be on the juvenile’s risk of reoffending.

Ontjes v. MacNider

234 Iowa 208 · Supreme Court of Iowa · Dec 14, 1943

McNider, his widow, promptly qualified as executors. … Under the authorities reviewed they were clearly entitled to fees. The allowances are not disputed here.

Statee ex rel. Miller v. Cutty's Des Moines Camping Club, Inc.

694 N.W.2d 518 · Supreme Court of Iowa · Apr 1, 2005

To do so would not only violate well-established canons of statutory interpretation, but also conflict with the liberal interpretation we must give the statute. … The disjunctive language of the Iowa Act clearly requires proof of only one, not both, sorts of conduct. See Commonwealth v.

Homeland Energy Solutions, LLC v. Steven J. Retterath, Jason Retterath and Annie Retterath

Supreme Court of Iowa · Feb 7, 2020

Moreover, the testimony of attorney Joseph Leo established “liquidating distribution” is a legal term used in the tax code. … However, we have considered whether corporate stock qualifies as unique property.

Rob Sand, Auditor of the State of Iowa v. John Doe, in His Official Capacity and Unnamed State Agency, State of Iowa

Supreme Court of Iowa · Apr 30, 2021

IV, § 22 (“A secretary of state, an auditor of state and a treasurer of state shall be elected by the qualified electors . . . .”); Iowa Admin. … The Iowa Code grants the auditor of state broad access to all information when conducting an audit, as the statute establishes: 1.