Case law

In Re Miller's Estate

248 Iowa 19 · Supreme Court of Iowa · Nov 13, 1956

His son Eobert Miller was appointed and qualified as administrator of his estate. No spouse survived John Miller, and the only other person entitled to share in his estate is the appellant, Albert W. … The most important and well established of these is the right of the survivor to take the whole property.

Franks v. Kohl

286 N.W.2d 663 · Supreme Court of Iowa · Dec 19, 1979

At one time this court held that a public employee committing a tort in the course of his employment was as immune from suit as his employer. Hibbs v. … We will not hold an act unconstitutional unless such a result clearly, plainly, and palpably is required. City of Waterloo v. Selden, 251 N.W.2d 506, 508 (Iowa 1977).

Clausen v. Tjernagel

91 Iowa 285 · Supreme Court of Iowa · May 22, 1894

It is true that the witness was for a time a director in the corporation, but that did not qualify him to testify as to facts of which he had no knowledge. … We are clearly of the opinion that the defendant should have been permitted to show the cost of the property constituting the capital stock of the corporation.

State v. Rutledge

600 N.W.2d 324 · Supreme Court of Iowa · Sep 9, 1999

So, although the comments were clearly improper, the defendant is confronted by an obvious preservation problem. … Rutledge confronts us in this case with a request to once and for all establish the validity of this phantom exception to the rule.

Roling v. Daily

596 N.W.2d 72 · Supreme Court of Iowa · Jul 8, 1999

Reynolds, 344 N.W.2d 556, 559 (Iowa App.1983) (claimant not qualified as expert in diagnosing physical condition or determining its cause). The estates have a point, but it fails to rescue their position here. … We see no reason to require expert testimony in order for the Rolings to establish that Duane was physically injured as a result of the accident. We believe he clearly carried his burden on the point. II.

Kelley v. Story County Sheriff

611 N.W.2d 475 · Supreme Court of Iowa · Jun 1, 2000

Enforcement of the criminal laws is clearly within the county's power to provide for the health, safety and welfare of its citizens. … This language is clearly broad enough to include Kelley's claim for property damage.

In the Interest of J.A.L.

694 N.W.2d 748 · Supreme Court of Iowa · Apr 8, 2005

A court abuses its discretion when it exercised its discretion on “grounds or for reasons clearly untenable or to an extent clearly unreasonable.” State v. Maghee, 573 N.W.2d 1, 5 (Iowa 1997). … A ground or reason based on an erroneous application of the law is clearly untenable. Waits v. United Fire & Cas. Co., 572 N.W.2d 565, 569 (Iowa 1997).

Rush v. Ray

362 N.W.2d 479 · Supreme Court of Iowa · Feb 13, 1985

In the present case the legislature clearly limited the expenditure of the appropriated funds to specified purposes. … The purpose of the language was to limit and qualify the use of the funds, an appropriate legislative function.

Coger v. North West. Union Packet Co.

37 Iowa 145 · Supreme Court of Iowa · Dec 15, 1873

passengers and the force and effect of contracts made by them for the transportation of persons and their right to make and enforce reasonable rules and regulations in the prosecution of their business, as announced in the very clearly … Protection of privileges and immunities of citizens of tbe United States against abridgment by tbe States.

State v. Lamp

322 N.W.2d 48 · Supreme Court of Iowa · Jul 21, 1982

did not clearly assert his right in this case. … He claims the State failed to establish a sufficient chain of custody for both the blood samples and the clothing.

Carstensen v. BD. OF TRUSTEES, ETC.

253 N.W.2d 560 · Supreme Court of Iowa · May 25, 1977

system was established, i. e., January 1, 1974. … The question now to be resolved is whether petitioner established a right to § 411.6(5) accident disability benefits. Plaintiff must prove two facts in order to so qualify.

TLC Home Health Care, L.L.C. v. Iowa Department of Human Services

638 N.W.2d 708 · Supreme Court of Iowa · Jan 24, 2002

To qualify for federal assistance, a state must establish a plan and submit it to the Health Care Financing Administration (HCFA) for approval. Id. … This section clearly defines what constitutes covered “skilled nursing services.”

Magers-Fionof v. State

555 N.W.2d 672 · Supreme Court of Iowa · Nov 20, 1996

Its power is exercised in accordance with policies established by a natural resources commission. See generally Iowa *675 Code § 455A.5. … Clearly these statutes contradict the novel interpretation of section 658.4 advanced by plaintiffs on this appeal.

Townsend v. Mid-America Pipeline Company

168 N.W.2d 30 · Supreme Court of Iowa · May 6, 1969

However, it is also well established, the presence of mineral deposits in land is a proper element to consider in valuing property. … West was not qualified to express an opinion based in part on presence of limestone deposits.

Karen Dorshkind v. Oak Park Place of Dubuque II, L.L.C.

835 N.W.2d 293 · Supreme Court of Iowa · Aug 2, 2013

We emphasized that Iowa law mandated reporting of suspected child abuse to DHS and provided immunity from civil or criminal liability for individuals making such reports. … It bears emphasis, as we pointed out in Berry , that a statute covering a particular activity does not have to directly bar employer retaliation in order to qualify as a clearly defined public policy. 803 N.W.2d at 111 .

Nathan Berry v. Liberty Holdings, Inc. A/K/A Liberty Ready Mix

803 N.W.2d 106 · Supreme Court of Iowa · Sep 9, 2011

In response, Liberty Holdings again argued that Berry failed to allege in his petition that he had a statutory right to file a personal injury lawsuit, and even if so pled, this right would not have qualified as a clearly … To prevail on an intentional tort claim of wrongful discharge from employment in violation of public policy, an at-will employee must establish the following elements: (1) the existence of a clearly defined and well-recognized

State v. Musser

721 N.W.2d 734 · Supreme Court of Iowa · Aug 4, 2006

The test results at issue here are clearly nontestimonial. See People v. … In order to establish a due process violation based upon prosecutorial misconduct, the defendant must first establish proof of misconduct. Id. at 869 .

Sears, Roebuck and Company v. Poling

248 Iowa 582 · Supreme Court of Iowa · Mar 5, 1957

R. 8, page 89, states: “With but few exceptions, these clauses have not immunized the landlord from responsibilitjr for his acts of affirmative negligence.” … fire must be an unavoidable casualty the court stated: “If it had been intended that the fire must also be an unavoidable casualty, it would seem that there was no occasion for mentioning fire at all or that, if mentioned, qualifying

Huston v. State Insurance

100 Iowa 402 · Supreme Court of Iowa · Dec 12, 1896

The term “household,” as a qualifier, is defined: “Belonging to the house and family; domestic, as household furniture.” … That term, with the term “family stores,” clearly comprehend such articles as may not be included elsewhere.

State v. Sellers

258 N.W.2d 292 · Supreme Court of Iowa · Oct 19, 1977

Apparently, the qualifying power of attorney, which was on file in Washington County, Georgia, originally had on its margin, “QUALIFYING POWER ONLY — NOT TO BE USED FOR EXECUTION OF ANY BOND.” … Clearly, Wilson performed far beyond the express authority granted to him by the defendant (Resolute).