Case law

In Re Estate of Guinn

242 Iowa 542 · Supreme Court of Iowa · Apr 4, 1951

The rule is well-established that if there is testimony which if believed would support a finding of an unsound mind, it is a question for the jury. … The question asked was clearly improper. The rule is well-established that the opinion of non-expert witnesses as to mental incapacity must be confined to and based upon the facts to which the witness has testified.

Fuller v. Iowa Department of Human Services

576 N.W.2d 324 · Supreme Court of Iowa · Mar 25, 1998

The rule seems well-established from decided cases, however, that depression and other psychological disorders qualify as a “mental impairment” under the ADA. See Sarko v. … The analysis we established in Boelman is similar to the analytical framework in Cole , in that both require a plaintiff to prove he or she was (1) disabled; (2) qualified; and (3) suffered adverse employment decision because

Larry C. Beverage, Individually and as Personal Representative of the Estate of Charles E. Beverage, and Linda K. Anderson, and Bonnie K. Valentine v. ALCOA, Inc., a Pennsylvania Corporation, and Iowa-Illinois Taylor Insulation, Inc., successor-in-interest to Iowa Illinois Thermal Insulation, Inc., an Iowa Corporation

Supreme Court of Iowa · Jun 17, 2022

“The prima facie showing shall be made as to each defendant and include a detailed narrative medical report and diagnosis signed under oath by a qualified physician.” Id. … These subsections limit use of the medical impairment evidence required to establish a prima facie claim to pretrial proceedings, id. § 686B.7(1)–(2); preclude discovery until a prima facie case is established, id.

Niles v. Sprague

13 Iowa 198 · Supreme Court of Iowa · Apr 22, 1862

Given and qualified by the court, as follows: “If the jury are satisfied, after a careful examination of all the evidence before them, that Sanford Niles and Polly Ferguson were married; and that said Linus was born of said … If it *207 did, tbe qualification would most clearly be erroneous.

State v. Myers

248 Iowa 44 · Supreme Court of Iowa · Nov 13, 1956

Only when it clearly appears in the record that this discretion has been abused should we interfere. … We cannot say all qualified practitioners of other states are per se unqualified counsel in Iowa any more than we can say all Iowa lawyers are qualified to effectively conduct the defense of one charged with a capital offense

Long ex rel. Long v. Ottumwa Railway & Light Co.

162 Iowa 11 · Supreme Court of Iowa · Sep 25, 1913

It requires no scholastic training or study of legal precedents to qualify them to make fair and intelligent findings upon an issue of this character. … This question, I think, clearly remained for the jury.”.

Berryman v. Manker

56 Iowa 150 · Supreme Court of Iowa · Jun 7, 1881

The first part of the instruction is exceedingly favorable to the plaintiff", and was clearly given in his interest. No just exception can be taken thereto by him. … Counsel for the appellant have, to a considerable extent, discussed the sufficiency of the evidence to establish the prop,ositions upon which the verdict must be necessarily based.

Peck v. Alfred Olsen Construction Co.

216 Iowa 519 · Supreme Court of Iowa · Sep 29, 1931

The motor vehicle is a well-established instrumentality of modern commerce. It is already doing the bulk of land transportation for the shorter distances. … That mere fact does not render it immune from subordination to other rights of property. One right may be subordinate, and the other paramount. But both rights may have their value as property.

Reppert v. Utterback

206 Iowa 314 · Supreme Court of Iowa · Jan 10, 1928

A registered pharmacist is one who has qualified by training, education, and experience, and is so certified. … Intoxicating liquors to manufacturing and industrial establishments for the purpose of furnishing first-aid treatment to injured persons as defined by Federal statutes and regulations. 7.

State v. Maxwell

222 N.W.2d 432 · Supreme Court of Iowa · Oct 16, 1974

One authority has said that “whatever naturally and logically tends to establish a fact in issue is relevant, and that which fails to qualify in this respect is not relevant.” … The blood test results were important to establish one of these — that defendant was under the influence of an alcoholic beverage.

State v. Shimon

243 N.W.2d 571 · Supreme Court of Iowa · Jun 30, 1976

Clearly the evidence of the reading on the radar speed meter was admissible. … Stephens, supra, and conclude the testimony tended to establish the culpability of the defendant in this case. II.

Dittmer v. H. Mierandorf

139 Iowa 182 · Supreme Court of Iowa · Jul 9, 1908

Having qualified under said' appointment, the commissioners proceeded to take the testimony of the parties and their witnesses concerning the location of the corner in question and the existence of alleged marks and monuments … To this report the defendant objected on the ground that the findings of the commissioners were not justified by the evidence, and upon the further grounds that the evidence clearly and affirmatively established the fact

Palmer College of Chiropractic v. Davenport Civil Rights Commission and Aaron Cannon

850 N.W.2d 326 · Supreme Court of Iowa · Jun 27, 2014

Cannon, however, is not asking for a waiver to allow him to rely on the interpretation of a qualified expert. … (noting “[i]n most cases, we believe that, as in the qualified immunity context, the issue of whether the facts alleged by a university support its claim that it has met its duty of reasonable accommodation will be a ‘purely

State ex rel. Killpack v. Hemsworth

112 Iowa 1 · Supreme Court of Iowa · Oct 3, 1900

Pottawattamie county, was elected and qualified as a justice of the peace in said township. lie was agent for the nonresident owner of a certain farm in Alinden township, in said county, situated a mile and one-lialf from … Clearly, it was not of blinden township, as his purpose was to leave that township as soon as the temporary object was accomplished. Slate v. Mivmcls, 15 Iowa, 124 .

State v. Proulx

252 N.W.2d 426 · Supreme Court of Iowa · Apr 20, 1977

Since nothing in this record establishes otherwise, it is presumed the city officials have complied with the provisions of chapter 365. Joneson v. … In holding the rebuttal evidence was proper, this court said: “ * * * [The rebuttal witness’] evidence was clearly rebuttal. It negatived testimony given by defendant.

First National Bank of Marengo v. Athey

188 Iowa 330 · Supreme Court of Iowa · Oct 23, 1919

On the other hand, if Instruction 3 had been strictly correct, then the qualifying clause under complaint would have been necessary to the correctness of Instruction 2. … The record clearly discloses, therefore, that the jury did find in the negative on that question. IV.

Thornburg v. Bromfield

24 Iowa 92 · Supreme Court of Iowa · Jan 29, 1867

different hypotheses of fact disclosed by the testimony; such as the power of the executors, under the language of the will, to sell and convey the real estate in controversy; the authority of one exec *94 utor, both having qualified … received upon argument, and after a careful reading and rereading of the entire transcript and evidence (about three hundred and fifty pages) we are brought to the conclusion that plaintiff has failed to so sufficiently and clearly

State ex rel Freeman v. Carvey

175 Iowa 344 · Supreme Court of Iowa · Nov 26, 1915

These pleadings having been filed, the relator filed a motion for judgment thereon in his favor, stating as grounds therefor that the petition and answer show clearly and conclusively that, as the person named in the appointment … Y. 192, 194 , it is said: ‘ ‘ The relators, in order to succeed in this action, must establish by competent evidence, that, at the election, they, instead of the defendants, were duly elected.

State of Iowa v. Iowa District Court for Webster County v. Iowa District Court for Webster County

Supreme Court of Iowa · Jul 8, 2011

He claims that he is entitled to use immunity. … He noted that the state could further its goals by granting use immunity or by establishing a voluntary program. Id. at 69–71, 122 S. Ct. at 2043–45, 153 L. Ed. 2d at 80–81.

State v. McIntosh

109 Iowa 209 · Supreme Court of Iowa · Oct 10, 1899

It was clearly competent to be considered if the conspiracy was found, and it went to the jury properly guarded by instructions in this respect. … Appellant complains of the admission of 6 this testimony, as not tending to establish! the alleged conspiracy.