Case law

Carson v. State

240 Iowa 1178 · Supreme Court of Iowa · Jun 14, 1949

But that the town (later city) treated the block of ground as a park seems clearly-established. When the actual occupation of the platted area commenced is not shown. … The State University was established at Iowa City in 1847. Chapter 125, Acts of First Genera] Assembly.

Barrett v. Rumeliote

256 Iowa 1 · Supreme Court of Iowa · Feb 11, 1964

These applicable propositions are deemed so well established that authorities need not be cited to support them. II. … It is doubtful they would qualify as a public notice, and we do not think it appears they were so designed.

Drennen v. Olmstead

224 Iowa 85 · Supreme Court of Iowa · Nov 16, 1937

The petition alleged that plaintiff brought the action as a resident, citizen, qualified voter, and taxpayer of said county. … The evidence fully established the allegations of the petition.

Dingman v. City of Council Bluffs

249 Iowa 1121 · Supreme Court of Iowa · Jun 3, 1958

If the requisite number of qualified electors object, the authority to proceed is terminated unless the action is approved by 60% of the electors at a special municipal election. … Section 408A.7 clearly was intended to he more than a saving clause.

Valerie Bandstra, Anne Bandstra, Ryan Bandstra and Jason Bandstra v. Covenant Reformed Church

Supreme Court of Iowa · Jun 1, 2018

The first concluded the elders individually were immune from suit under Iowa Code section 504.901, which grants immunity to “a director, officer, or member of a [nonprofit] corporation . . . for any action taken or failure … The Supreme Court has not granted churches broad immunity against being sued in civil courts.

Annear v. State

454 N.W.2d 869 · Supreme Court of Iowa · May 30, 1990

In other words, for you to return a verdict in plaintiff’s favor, you must find that plaintiff established, by a preponderance of the evidence, that plaintiff was equally or better qualified than the applicant hired for the … Plaintiff also argues that the marshaling instruction required him to establish that he was better qualified than the other applicants for the job.

Teachout v. Forest City Community School District

584 N.W.2d 296 · Supreme Court of Iowa · Sep 23, 1998

In Springer , this court concluded that the workers’ compensation statute clearly expressed “the public policy of this state that an employee’s right to seek the compensation which is granted by law for work-related injuries … In essence, this evidence simply establishes that Teachout’s termination occurred after the District learned she had engaged in a protected activity.

Iowa Farm Credit Corp. v. Halligan

214 Iowa 903 · Supreme Court of Iowa · Mar 15, 1932

The record of the deed gave constructive notice to the world of a right on the part of the grantor which, if valid, in some way qualified the grantee’s right of alienation: It did not give notice of any particular right, … They clearly understood their relative rights and duties in the premises. There can be no question about that.

Local Bd. of Health, Boone County v. Wood

243 N.W.2d 862 · Supreme Court of Iowa · Jun 30, 1976

It takes fair and reasonable testimony to establish fair and reasonable value. … Dennert’s testimony and conclude he was not properly qualified in accordance with the principles of law recognized in the foregoing authorities to furnish the supporting testimony required to establish that the services performed

Corbin v. Beebee

36 Iowa 336 · Supreme Court of Iowa · Apr 11, 1873

Fraud may be established under the statute, in any action wherein the owner *340 of the lands sold for taxes resists the tax title, and when established, the title is defeated and declared void. II. … Does the proviso referred to limit or qualify the effect of the section itself ?

Hearity v. BD. OF SUP'RS FOR FAYETTE CTY.

437 N.W.2d 903 · Supreme Court of Iowa · Mar 22, 1989

The precise nature of private party immunity in such situations need not be determined because of an obvious lack of causation. … Scoville, 410 N.W. 2d 679 (Iowa 1987), there is clearly no basis for liability where this court has upheld the validity of the challenged transactions.

Engstrom v. State

461 N.W.2d 309 · Supreme Court of Iowa · Sep 19, 1990

Clearly, the department’s social workers were acting under color of state law in placing Melody for adoption. … This section provides that governmental immunity is not waived on any claim arising out of misrepresentation. 3 .

Moon v. BD. OF TRUSTEES MUN. FIRE & POL.

548 N.W.2d 565 · Supreme Court of Iowa · May 22, 1996

This would clearly be appropriate, for example, in the case of a head injury with a resulting mental impairment. The Board ruled in the case of Douglas E. … As the board correctly noted, section 411.6(5) is most clearly met if the mental impairment is the result of a physical injury.

Zimmer v. Vander Waal

780 N.W.2d 730 · Supreme Court of Iowa · Apr 9, 2010

Absent a statutory definition or an established meaning in the law, words in the statute are given their ordinary and common meaning by considering the context within which they are used. … The parties agree the trailer in this case qualifies as a vehicle under section 321.1(90).

McCrady v. Sino

254 Iowa 856 · Supreme Court of Iowa · Dec 11, 1962

The rule is well established that opinon evidence is admissible if the subject matter is such that opinion evidence of an expert will aid the jury and if the witness is qualified to give an opinion. Grismore v. … The evidence clearly established a jury question as to a duty owed by Sino to plaintiff’s decedent. The questions of negligence and proximate cause will be considered in the next division of this opinion. IY.

Van Duzer v. Iowa State Department of Revenue

369 N.W.2d 407 · Supreme Court of Iowa · Jun 19, 1985

are not to be considered as establishing the right of the recipients to receive the money in the same capacity which is asserted as the basis for their claims. … But, like the district court, we do not believe that such formality was essential in order to recognize the transaction to be that which it clearly was.

State v. Quinn

245 Iowa 846 · Supreme Court of Iowa · May 4, 1954

But this *850 immunity does not attach as long as the partnership contract is executory only, or depends upon unperformed conditions precedent.’ … The opinion seems to recognize the defense would be good under the author *852 ity of the Brown case but it was not established, for the court held the evidence was insufficient to establish a partnership.

Martin v. Raytheon Co.

497 N.W.2d 818 · Supreme Court of Iowa · Mar 24, 1993

The district court refused the plaintiffs’ request to certify a nationwide class because the plaintiffs had failed to establish a “minimum contact” basis of jurisdiction under rule 42.6(a)(1). … The privileges and immunity, equal protection, and due process clauses of both constitutions are implicated, they argue. They cite Phillips Petroleum Co. v.

State v. Myers

257 Iowa 857 · Supreme Court of Iowa · May 4, 1965

Post, 255 Iowa 573, 580 , 123 N.W.2d 11, 15 , we point out..that when.right, to counsel is. exercised, it will not do to say,the .accused.is immune from compliance with the rules by which established, procedure requires trials … The record shows clearly Mrs. Anderson was friendly to and trusted her nephew. At most, any additional evidence of their relationship would be cumulative.

State v. Santee

53 L.R.A. 763 · Supreme Court of Iowa · Apr 12, 1900

Two exceptions to the general rule of prohibition are contained in the act, one of which is clearly valid, and the other is invalid. … While we cannot, by reversing the case, in any manner affect the status of the defendant, yet in order that a correct rule of law may be established, we are constrained to disagree with the learned trial judge, and his order