Case law

Ned Chiodo v. the Section 43.24 Panel Consisting Of: Secretary of State Matthew Schultz, Auditor of State Mary Mosiman and Attorney General Thomas Miller

Supreme Court of Iowa · Apr 15, 2014

We conclude Blodgett was clearly erroneous and now overrule it. … This uncertainty will keep many qualified voters from the polls for fear of prosecution for voter fraud.

M-Z Entersprises, Inc. v. Hawkeye-Security Insurance Co.

318 N.W.2d 408 · Supreme Court of Iowa · Apr 21, 1982

“There is no more certain test for determining when experts may be used than the common sense inquiry whether the untrained layman would be qualified to determine intelligently and to the best possible degree the particular … In this litigation Haw-eye’s excess weight defense and supporting evidence clearly made M-Z’s claim “fairly debatable,” as trial court must have determined when it submitted the issue to the jury.

Charmaine Hunter Vs. City Of Des Moines Municipal Housing Authority, Russell Underwood, Theresa Taylor And Tangela Weiss

Supreme Court of Iowa · Nov 9, 2007

The DMMHA is a state agency that works in conjunction with the federal government to provide low-income housing for qualifying tenants. … The notices clearly met these requirements, and there is nothing to indicate the notice of termination otherwise breached the lease or was contrary to any federal or state law.

Hamm v. Allied Mutual Insurance Co.

612 N.W.2d 775 · Supreme Court of Iowa · Jun 1, 2000

We also point out that the insurance company has the ability, if it so chooses, to clearly articulate the applicable limitations period for claims against the tortfeasor and the insurer, and the event upon which the limitations … We concluded above that the Allied policy does not establish the applicable limitations period for an insured’s suit against Allied for UIM benefits nor does it establish when the limitations period begins to run.

Russell v. Leschensky

224 Iowa 334 · Supreme Court of Iowa · Dec 14, 1937

The plaintiff has failed to establish the allegations of his Petition or any of them and has failed to sustain the burden of showing negligence alleged as against defendants, and his own freedom from contributory negligence … We think it apparent, however, from all of his testimony, that this witness was not always able to express himself clearly; that some of the statements made in cross-examination, which appellants claim to be inconsistent

In Re Estate of Whitehouse

223 Iowa 91 · Supreme Court of Iowa · Mar 16, 1937

It does not appear clearly from the record just when he returned to this country, but it is apparent that he was still residing in England in the fall of 1919, and that he returned to Des Moines sometime prior to August, … probate of an alleged will are utterly null and void, and cannot be sup *105 ported as a grant of administration pendente lite; and letters of administration issued after a will has been admitted to probate and an executor qualified

Stuart v. Hines & Eames

33 Iowa 60 · Supreme Court of Iowa · Dec 18, 1871

Sup. 27. “ When an adjudication of bankruptcy is made, following the filing of a *99 petition, then it is judicially established that the proceedings in the case commenced when the petition was filed.” … In re Patterson, supra, section 14 of the bankrupt act provides: “ That as soon as said assignee is appointed and qualified, the judge, or, where there is no opposing interest, the register, shall, by an instrument under

Iowa State Education Association and Davenport Education Association v. State of Iowa, Iowa Public Employment Relations Board

928 N.W.2d 11 · Supreme Court of Iowa · May 17, 2019

Our standard of review with regard to constitutional challenges to statutes is well established, We review constitutional challenges to a statute de novo. … For example, payroll deduction may be used for dues to a professional organization, so long as it does not qualify as an employee organization under Iowa Code section 20.3 (2018). Id. §§ 70A.17A, .19.

City of Clinton v. Cedar Rapids & Missouri River Railroad

24 Iowa 455 · Supreme Court of Iowa · May 12, 1868

Wright, J., said, and the court concurred therein: “ I am clearly of the opinion, that the city corporation has no property in the streets of a character to be protected by the constitutional limitation on the right of eminent … Such an action can, of course, be maintained by the city, though its ownership of the soil is qualified, as respects the public, by the purposes for which it is held.

Lewis Consolidated School District v. Johnston

256 Iowa 236 · Supreme Court of Iowa · Mar 10, 1964

The board’s reliance upon section 257.10(12) in fixing its standards is clearly evident. … In the body of the circular are 71 standards which the board has considered necessary to be met in order that a school may *251 qualify for state aid. They are long and involved and cannot be set out here.

State v. Sallis

262 N.W.2d 240 · Supreme Court of Iowa · Jan 18, 1978

“Even though bias or prejudice is established in regard to one or more particular jurors out of the panel such is not ground for challenge to the entire array. … Where a jury has been clearly admonished not to read newspaper accounts of the trial in which they are serving as jurors, it is not to be presumed that they violated that admonition. * * [citing authority].

Devine v. Wonderlich

268 N.W.2d 620 · Supreme Court of Iowa · Jun 28, 1978

Contest procedures for county offices are established in Code chapter 62. The contest is tried as a civil action. §§ 62.2, 62.13, The Code. … Because an election contest involves the right of qualified voters to have their ballots counted for the candidate of their choice, the right of franchise is at stake. The right to vote is a fundamental political right.

Brain v. Dean

160 Iowa 708 · Supreme Court of Iowa · Jul 3, 1913

The will was duly probated, and the sons Alner and Benton were appointed and qualified as executors thereof. … Without further extension of this branch of the discussion, we conclude that upon a fair and natural construction of the testator’s words, as well as upon the application thereto of well established rules of testamentary

McMaster v. Iowa Board of Psychology Examiners

509 N.W.2d 754 · Supreme Court of Iowa · Dec 22, 1993

At most it is a qualified rather than an absolute privilege. Chidester, 353 N.W.2d at 853 . … The fact that the information sought by the Board of Psychology Examiners will be evidence and may well be a public record places this case clearly within the scope of the protection outlined by our court in Newman rather

Wheeler v. Sioux Paving Brick Co.

162 Iowa 414 · Supreme Court of Iowa · Jul 2, 1913

nature of plaintiff’s employment, and now direct our inquiry to the question whether it was such as to require a holding by the lower court that it was an affirmative duty resting on plaintiff as “one having charge of ... an establishment … Whether a car was in fact coming is not clearly shown; but it was left to the jury under proper instructions to determine whether plaintiff’s attention was momentarily diverted, and the record was such as to warrant the submission

In RE the Detention of Jonathan Edwin Stenzel Jonathan Edwin Stenzel

827 N.W.2d 690 · Supreme Court of Iowa · Mar 1, 2013

While Gonzales qualified the meaning of that language in the case of a person who had been released from prison after serving the sentence for his sexually violent offense and was now being incarcerated for something … The State has not affirmatively established that testimony on the selection process did not tip the balance here.

Weiser v. McDowell

93 Iowa 772 · Supreme Court of Iowa · Feb 9, 1895

When the subject-matter is once clearly ascertained, and its general intent, a key is found to all its intricacies. … * * * It frequently becomes the duty of courts, in giving effect to the manifest intentions of a statute, to restrain, enlarge, or qualify the ordinary and literal meaning of the words used.”

Estate of Randall v. McKibben

191 N.W.2d 693 · Supreme Court of Iowa · Nov 11, 1971

Randall, Jr., was appointed executor of Eva’s estate, and so qualified. … Few propositions are better established in our opinion.” (Emphasis supplied). See also In re Estate of Fairley, 159 N.W.2d 286, 288 (Iowa); Sawyer v.

City Of Okoboji, Iowa Vs. Okoboji Barz, Inc. D/b/a O'farrell Sisters And Leo Parks, Jr.

Supreme Court of Iowa · Mar 14, 2008

A use is customary so as to qualify as an accessory use when it is often found in conjunction with the principal use. Stochel v. Planning Bd., 792 A.2d 572, 578 (N.J. Super. Ct. … See Redfern, 455 So. 2d at 1361 (“[T]he sale of alcoholic beverages is properly an accessory use to the restaurant operation”); Gauthier, 291 N.Y.S.2d at 587 (“Clearly, the service of liquor refreshment is inseparable

Andrew v. American Savings Bank & Trust Co.

219 Iowa 921 · Supreme Court of Iowa · Feb 12, 1935

On the contrary, the language used in the contract with reference to it clearly negatives that idea. … In this connection it should he borne in mind that the bank acquired trust powers in pursuance of the merger agreement and was qualified for selection as trustee, and had acquired some trust business.