Case law

Butler v. Butler

253 Iowa 1084 · Supreme Court of Iowa · Apr 3, 1962

The record clearly discloses she spoke and wrote for herself and her husband. The written or oral statements, circumstances and actions establishing such trust relationship are as follows: 1. … The book accounts were clearly identified by the accountants. The evidence was admissible. 8. In December 1930 Hubert apparently wrote to Robert asking for more money.

Nicole Bribriesco-Ledger v. Frank J. Klipsch, Major, and The City of Davenport, Iowa

Supreme Court of Iowa · Apr 9, 2021

U. 461, 469 n.39 (1994) (“Immunity from discretionary removal power is a ‘condition sine qua non’ of independence.”); Richard Rothman & Katelin Shugart-Schmidt, Lying in Wait: How a Court Should Handle … Clearly, however, Iowa Code section 372.15 permits a local civil rights ordinance to ensure the independence of the commission through its own termination provisions.

Lex v. Selway Steel Corporation

203 Iowa 792 · Supreme Court of Iowa · Dec 15, 1925

Bnt if more than sufficient to satisfy the established claims is. … Just when the agreement with Budke was made, does not clearly appear. Brown. testified, however: ..

Scott County v. Johnson

209 Iowa 213 · Supreme Court of Iowa · Dec 14, 1928

Conferring such power, it may qualify it, both as to the title and tenure of the real estate. It may dissolve the corporation at any time, and may direct the disposition of its property. … Clearly not.

Nicole Bribriesco-Ledger v. Frank J. Klipsch, Mayor, and The City of Davenport, Iowa

Supreme Court of Iowa · Apr 9, 2021

U. 461, 469 n.39 (1994) (“Immunity from discretionary removal power is a ‘condition sine qua non’ of independence.”); Richard Rothman & Katelin Shugart-Schmidt, Lying in Wait: How a Court Should Handle … Clearly, however, Iowa Code section 372.15 permits a local civil rights ordinance to ensure the independence of the commission through its own termination provisions.

In Re Estate of Simplot

215 Iowa 578 · Supreme Court of Iowa · Sep 29, 1931

The court erred in sustaining defendant’s objections to the introduction of evidence tending to establish the collateral oral agreement alleged in plaintiff’s petition and relied on in this action; because it in no manner … It was clearly permissible, therefore, for the defendant to show by parol the consideration therefor.

Anfenson v. Banks

180 Iowa 1066 · Supreme Court of Iowa · Jun 26, 1917

On the contrary, the negative of that proposition seems to be established to a moral certainty. … We have ourselves held that “estoppel is not favored in law, and must always be clearly proved.” Baldwin v. Lowe, 22 Iowa 367 .

Bourrett v. Chicago & Northwestern Railway Co.

152 Iowa 579 · Supreme Court of Iowa · Oct 26, 1911

The doctrine, however, was qualified by the ruling in Davies v. … If then the antecedent negligence of plaintiff be found merely a condition or remote cause, it can not be contributory, since it is well established that negligence, to be contributory, must be one of the proximate causes

Hicks v. Northwestern Mutual Life Insurance

166 Iowa 532 · Supreme Court of Iowa · Jun 24, 1914

Upon such a record we cannot hold that the execution *541 of the paper by the wife was conclusively established. … The Controlling question — the mental capacity of Hicks — was clearly one of fact, and there was no error in denying the motion for transfer.

Gary N. Porter and Lori Porter v. Richard L. Harden and Janice Harden

891 N.W.2d 420 · Supreme Court of Iowa · Mar 10, 2017

who . . . provides for the care and feeding of livestock on the land”— provides needed background and suggests that the focus should be on how the land is being used overall, not necessarily on whether a single animal qualifying … The general assembly clearly did not contemplate this result. In summary, I would apply the statute as written and not go through the mental gymnastics used by the majority to reach this result.

Chamberlain v. Anderson

195 Iowa 855 · Supreme Court of Iowa · Nov 21, 1922

She was appointed and qualified as administratrix of his estate, and was finally discharged by the court, May 15, 1912. … It as clearly refers to the manner of distribution and the final settlement of the estate, and not to those to whom distribution should be made. Such is the specific language of the statute.

In The Matter Of The Estate Of Roy N. Johnson , William H. Johnson, Of The Estate Of Emogene F. Johnson

Supreme Court of Iowa · Sep 28, 2007

They continued to live in their Van Meter home for over thirty-five years, where they raised a family and established the property as their homestead. … Roy was clearly attempting to convey the homestead, albeit his own interest to himself.

Maghee v. State

773 N.W.2d 228 · Supreme Court of Iowa · Oct 9, 2009

(“Because the work release committee is established by statute, it differs from the prison disciplinary committee involved in Langley_”). … It is well established that criminal prosecutions, including any pending appellate proceedings, abate upon the death of the defendant. See, e.g,, State v.

In The Matter Of The Estate Of Glenn W. Woodroffe, Randolph W. Woodroffe And Janice M. Woodroffe Vs. The Estate Of Glenn W. Woodroffe, Elda H. Woodroffe, Jeanne A. Woodroffe, Reginald Woodroffe, Kerwin Woodroffe, And Anita L. Erickson

Supreme Court of Iowa · Dec 7, 2007

Her role in the company’s operations was clearly insubstantial compared to Glenn’s and Randolph’s. … This contention, too, must fail because Randolph failed to establish that any of the assets owned by Glenn were transferred to the new corporation.

Elyse De Stefano v. Apts. Downtown, Inc.

Supreme Court of Iowa · May 6, 2016

Here, the underlying statute clearly distinguishes between damages and attorney fees. Iowa Code § 562A.12(3), (7), (8). … For one thing, section 562A.15(2) is placed within the statute and written as if it were a qualifier to section 562A.15(1) as a whole.

State of Iowa v. Hillary Lee Tyler

Supreme Court of Iowa · Jun 30, 2015

The Fourth Amendment clearly establishes a reasonable expectation of privacy in the home. Payton v. New York, 445 U.S. 573, 585, 100 S. Ct. 1371, 1379, 63 L. Ed. 2d 639, 650 (1980). … As noted by Justice Brennan in Elstad, the linkage between the unlawful confession and subsequent post- Miranda confession will ordinarily be clearly established. Id. at 321–24, 105 S. Ct. at 1299–1301, 84 L.

Cemen Tech, Inc. v. Three D Industries, L.L.C.

753 N.W.2d 1 · Supreme Court of Iowa · May 2, 2008

The agreement can also be important in establishing a duty of confidence. … We believe the question of whether a fiduciary relationship has been established turns on the facts of the case and does not lend itself to disposition by summary judgment.

Amended September 21, 2016 State of Iowa v. John Arthur Senn Jr.

Supreme Court of Iowa · Jun 24, 2016

However, this in-person assessment does not establish a minimum constitutional standard of counsel. … Neither the motto nor article I, section 1, has a qualifier that the rights are applicable “to the extent convenient.”

State v. Mosher

128 Iowa 82 · Supreme Court of Iowa · Apr 5, 1905

The statute does not specify that anything else shall be included in the order, and the inference clearly deducible is that the' attorney,- in preparing the accusation, may include any matter he may deem appropriate, and … The recital of these facts establishes the charge of unprofessional conduct toward the court as well as his clients, regardless of whether the order obtained was against their, interest.

American Savings Bank of Marengo v. Willenbrock

209 Iowa 250 · Supreme Court of Iowa · Dec 13, 1929

In the case before us, the estate in the former homestead was, and in the present one is, absolute, not qualified. There were and are merely liens upon the exempt property. … Equity will not exercise its powers for the purpose of establishing a merely abstract right which one of the parties may, through the exercise of discretion which the law gives him, nullify, or one which will merely inflict