Case law

McCarthy v. Cutchall

209 Iowa 193 · Supreme Court of Iowa · Jun 24, 1929

It is contended by the appellant that the record does not show that the receiver duly qualified as such officer. … Ethridge, 70 Iowa 27 , is clearly distinguishable. In that action, a deputy United States marshal seized goods on an attachment issued from the United States court.

Waterloo/Cedar Falls Courier v. Hawkeye Community College

646 N.W.2d 97 · Supreme Court of Iowa · Jun 12, 2002

The Merits The Courier and its editors argue the College faded to establish the criteria articulated in Lamberto v. Bown, 326 N.W.2d 305 (Iowa 1982). … However, this is a qualified, not absolute, privilege as it may give way in certain circumstances.

State v. Henderson

199 N.W.2d 111 · Supreme Court of Iowa · Jun 29, 1972

In Winship, supra, the court clearly indicated it was expressing no opinion upon the portions of the statute which deal with New York procedures governing children “in need of supervision”. … We are satisfied, however, the term “clear and convincing” connotes the establishment of facts by more than a preponderance of the evidence, but something less than establishing a factual situation beyond a reasonable doubt

Calkin v. State ex rel. Hampton

1 Greene 68 · Supreme Court of Iowa · Jul 15, 1847

Farther, the school law in question is clearly of a public nature. … The general assembly of the state, as well as others in office, who may be legitimately called and qualified to make or execute the laws, are bound by its requirements.

Hawkeye Bank & Trust Co. v. Michel

373 N.W.2d 127 · Supreme Court of Iowa · Aug 21, 1985

[Authority]”) Abuse of discretion is not shown until it appears to have been exercised on grounds or for reasons clearly untenable or to an extent clearly unreasonable. State v. Buck, 275 N.W.2d 194, 195 (Iowa 1979). … The dragnet transaction here qualifies under both of the alternative Freese Leasing tests: (1) the notes all relate to the same series of transactions and (2) they referred to the deed of trust as providing security.

Lakota Consolidated Independent School v. Buffalo Center/Rake Community Schools

334 N.W.2d 704 · Supreme Court of Iowa · Jun 15, 1983

We must judge the sufficiency of plaintiff’s allegations in accordance with these well-established principles. … Clearly, our earlier holdings that school districts are immune from damages in tort actions, eg., Ness v. Independent School District of Sioux City, 230 Iowa 771 , 298 N.W. 855 (1941); Hibbs v.

Walker v. Sears

245 Iowa 262 · Supreme Court of Iowa · Dec 15, 1953

.- — In August 1950 the requisite number of qualified persons petitioned the board of supervisors of Cerro Gordo County to establish Clear Lake Sanitary District under the provisions of chapter 358, Iowa Code, 1950. … 19, 1950, “for the purpose of submitting to the qualified voters resident within [i’ts] boundaries the question of organization and establishment of the proposed sanitary district as determined by said board of supervisors

Kitteringham v. Sioux City & Pacific Railway Co.

62 Iowa 285 · Supreme Court of Iowa · Dec 8, 1883

This instruction is clearly correct. … The defendant’s immunity is expressly made to depend upon its want of knowledge, or of the means of knowledge, in the exercise of ordinary care, that there was any poisonous substance upon tbe brasses.

State v. Pugsley

75 Iowa 742 · Supreme Court of Iowa · Jun 4, 1888

This last holding is, however, clearly dictum. … Upon introducing parol evidence to establish the identity of the two offenses, he would be met with the objection that the indictments charged the offenses in two different counties.

Teresa Karen Bearinger v. Iowa Department of Transportation, Motor Vehicle Division

844 N.W.2d 104 · Supreme Court of Iowa · Mar 14, 2014

When a comma separates a qualifying phrase from the antecedent, the qualifying phrase generally applies to all antecedents. Shell Oil Co., 606 N.W.2d at 380. … The fact finder must determine the defense has been established. It was Bearinger’s burden to establish by a preponderance of the evidence that her prescription-drug defense applies.

Bernal v. Bernhardt

180 N.W.2d 437 · Supreme Court of Iowa · Oct 13, 1970

It appears to me this witness did qualify as an expert, but here failed to establish a sufficient factual basis for the introduction in evidence of that opinion. … Officer Lind's background clearly shows that he qualified under this rule by both study and occupational experience to render an opinion that would be helpful to the jury.

FIRST NAT. BANK IN CRESTON v. Smith

331 N.W.2d 120 · Supreme Court of Iowa · Mar 16, 1983

Because the commencement *123 of work by the contractor under agreement with the owners clearly antedates the bank's mortgage, the rights of the plaintiff bank can rise no higher than those of the owners. … Based upon these transactions, we conclude that the counterclaim qualifies as a valid supplemental pleading under Rule 90, Iowa Rules of Civil Procedure.

Sparks v. City of Pella

258 Iowa 187 · Supreme Court of Iowa · Nov 16, 1965

The rule of immunity of a governmental agency from liability for negligence in the exercise of governmental functions does not exempt it from liability for a nuisance created and maintained by it. … The record shows he was qualified to give such evidence. We note that plaintiff's wife on direct examination also so testified. We conclude the judgment of the trial court must be affirmed. Affirmed.

In Re Appeal of Bankers L. Co. v. Zirbel

239 Iowa 275 · Supreme Court of Iowa · Mar 9, 1948

However, the company appraiser, after testifying clearly as above stated, added a qualifying and apparently contradictory statement: “® * * if I had been appraising the building according to its reproductive cost — replacement … Clearly, the “market value” mentioned in the statute and cited decisions is not of the character referred to by some of the witnesses above quoted.

Ronald Rumsey v. Woodgrain Millwork, Inc. d/b/a Windsor Windows and Doors, Liz Mallaney, and Clay Coppock

Supreme Court of Iowa · Jun 25, 2021

“Without this showing, an employee cannot establish he or she is a qualified person.” … The reason Windsor terminated Rumsey becomes relevant only after Rumsey first establishes a prima facie case of disability discrimination or failure to accommodate, both of which include showing that he was a qualified

Baker & Griffin v. The Steamboat Milwaukee

14 Iowa 214 · Supreme Court of Iowa · Dec 5, 1862

Assembly should, from time to time, establish. … , who shall within five days thereafter summon twenty-four jurors, qualified electors of said city and otherwise qualified to serve as jurors in the courts of this state to appear in said court,” &c.

Brewer v. Iowa District Court for Pottawattamie County

395 N.W.2d 841 · Supreme Court of Iowa · Nov 12, 1986

Consequently, it argues, the legislature was free to amend section 663A.3 to establish a fixed time within which the remedies afforded under chapter 663A may be pursued. We recognized in Swanson v. … It clearly may affect such challenges if this was the intent of the legislature. ■ The apparent purpose in requiring postconviction challenges to be brought within the time specified in the 1984 amendment is to reduce injustices

Carter v. Humboldt Fire Insurance

12 Iowa 287 · Supreme Court of Iowa · Oct 21, 1861

Counsel for appellant insist that a mechanic’s lien amounts to nothing until its establishment by a court of record. … It is clearly competent for the parties to stipulate that the action should be barred, unless commenced within a stated period. 4 Kornan, 253.

Peoples Gas & Electric Co. v. State Tax Commission

238 Iowa 1369 · Supreme Court of Iowa · Sep 16, 1947

But in its narrower or technical meaning the term presupposes a liability and a grant of immunity therefrom. 61 C. J., Taxation, section 382. … But * * * if proof fairly establishes that there is an actual, material difference between the domestic and the foreign article, the purchaser of the latter is not liable for use tax.”

State v. Ampey

210 N.W.2d 433 · Supreme Court of Iowa · Sep 19, 1973

The officer, Clifford Friederich, had established a contact for the purchase of narcotics in the Cedar Rapids area through Meade. … This conversation followed immediately by conduct showing acquiescence with what was said clearly qualifies as an admission and is admissible on that ground as well as several others to which we need not refer. 22A C.J.S.