Case law

Harward v. Davenport

105 Iowa 592 · Supreme Court of Iowa · May 20, 1898

It follows from what we have said and' the statute quoted, that proof that the ownership' of the plaintiff was qualified by the chattel mortgages did not establish such a variance between the pleading and the proof as to … The controlling facts were so fully established that the justice of the verdict cannot be successfully questioned.

Fundermann v. Mickelson

304 N.W.2d 790 · Supreme Court of Iowa · May 6, 1981

Department of Social Services, 207 N.W.2d 117 (Iowa 1973), notwithstanding a recent refusal to do so, we overturned a rule which had recognized governmental immunity in contract suits. … Stare decisis is a valuable legal doctrine which lends stability to the law, but it should not be invoked to maintain a clearly erroneous result simply because that’s the way it has been in the past.

Horner v. State Board of Engineering Examiners

253 Iowa 1 · Supreme Court of Iowa · Aug 15, 1961

He prays that his right to registration be established and that the board be required to register him and issue him a certificate of such registration. … It is qualified only by section 114.14(la).

Hull v. Independent School District

82 Iowa 686 · Supreme Court of Iowa · Oct 28, 1890

Both being established in a proper tribunal, they are conclusive as to her right; and, while counsel agree that our first inquiry is whether the adjudications of the school tribunals are' such as to limit the inquiry in this … In this case there is no violation or neglect >of a special provision of the law, and we think clearly *691 that the written contract stands as a valid one between the plaintiff and the defendant. II.

Iowa Medical Society and Iowa Society of Anesthesiologists v. Iowa Board of Nursing

831 N.W.2d 826 · Supreme Court of Iowa · May 31, 2013

In the Preamble of this document, ACR clearly articulates “These standards are an educational tool.... … For the foregoing reasons, we hold the district court erred in invalidating the agency rules that allow qualified ARNPs to supervise fluoroscopy.

Cornell v. Wunschel

408 N.W.2d 369 · Supreme Court of Iowa · Jun 17, 1987

Wunschels also argue that expert testimony was needed to establish a violation of the ethical standards. … Failure to state additional qualifying matter. No party disputes the submission to the jury of the issue whether Wunschel failed to disclose material that qualified the revenue and expense statements he gave to Zelda.

Nolte v. Chicago, Rock Island & Pacific Railway Co.

165 Iowa 721 · Supreme Court of Iowa · May 12, 1914

Her conversation and conduct clearly indicated her continuing interest in her specialty and a continuing inclination and desire to return to its practice. … Whether she was likely in fact to resume such occupation was clearly a question for the jury, and not for the court. 4. Same : separate occupation : consent of husband. II.

Keefner v. Porter

228 Iowa 844 · Supreme Court of Iowa · Aug 6, 1940

It is only when such enactments clearly and plainly infringe upon constitutional provisions that the courts should interfere with the established prerogatives of a co-ordinate branch of the government. … It establishes a permanent policy. The act clearly discriminates against those owning agricultural lands not located in an independent school district.

Horn v. Anderson

234 Iowa 1068 · Supreme Court of Iowa · Apr 4, 1944

Presumably this was said to iRustrate a case in which the debtor clearly negatived any implied promise to pay. … But in deciding his case we should follow the law as already established and not attempt to modify it for the purpose of the particular case. Too often hard cases make wrecks of the law.

Miranda v. Said

836 N.W.2d 8 · Supreme Court of Iowa · Jul 19, 2013

The Form 1-601 applications prepared by Said listed Cesar and Ronal-do — their children — as qualifying relatives. In truth, Klever and Nancy had no qualifying relatives. … Unlike the H-1B, the TN visa does not permit applicants to enter with the intention of establishing indefinite residency in the United States. Id. at 594 .

Spencer James Ludman v. Davenport Assumption High School

895 N.W.2d 902 · Supreme Court of Iowa · Jun 2, 2017

A court abuses its discretion when its ruling is “clearly untenable or to an extent clearly unreasonable.” State v. Wilson, 878 N.W.2d 203, 210–11 (Iowa 2016). … This made him qualified to testify.

Regal Insurance Co. v. Summit Guaranty Corp.

324 N.W.2d 697 · Supreme Court of Iowa · Sep 29, 1982

Robert Meester does not qualify as a BFP either. … But the facts here do not qualify for the exception.

Braunschweig v. Fahrenkrog

773 N.W.2d 888 · Supreme Court of Iowa · Oct 16, 2009

The question we must answer is at what point must the name issue be addressed to qualify as an initial name determination. … The elements of claim preclusion are clearly met in this case. Braun-schweig and Fahrenkrog were the parties in both the first and second actions.

Matter of Estate of Bolton

444 N.W.2d 482 · Supreme Court of Iowa · Aug 16, 1989

Although the equities clearly favor Joyce, under the clear and controlling legal principles we are obliged to agree with the trial court. I. … Although she contends otherwise, Joyce's position is not strengthened by the fact that the check qualifies as a negotiable instrument under Iowa Code section 554.3104.

Carolan v. Hill

553 N.W.2d 882 · Supreme Court of Iowa · Sep 18, 1996

An abuse of discretion is shown only where such discretion was exercised by the court on grounds or for reasons clearly untenable or to an extent clearly unreasonable. Vaughan v. … A party may defeat discovery by establishing that the material sought is privileged or irrelevant. AgriVest Partnership v. Central Iowa Prod. Credit Ass’n, 373 N.W.2d 479, 482 (Iowa 1985).

State v. Siemer

454 N.W.2d 857 · Supreme Court of Iowa · Apr 18, 1990

Siemer contended at trial, and urges on appeal, that the legislature included an “authority” exception within section 710.1 to immunize parents from the crime of kidnapping. … Clearly he would have been unable to escape in case of fire or other calamity. He was unable to fulfill any of his most basic human needs such as relieving himself in a sanitary way or reaching food or water.

State of Iowa v. Peter Kelly Long

814 N.W.2d 572 · Supreme Court of Iowa · Jun 8, 2012

A court abuses its discretion when its “discretion was exercised on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” … This clearly admissible evidence confirmed what the court had already heard from Long on the videotape and clearly “aided the court in its search for truth.” Freeman, 33 A.3d at 261.

Heumphreus v. State

334 N.W.2d 757 · Supreme Court of Iowa · Jun 15, 1983

Chapter 25A provides a system for making tort claims against the State notwithstanding sovereign immunity, but section 25A.14(6) of that chapter provides: The provisions of this chapter shall not apply with respect to any … But for section 25A.14(6) of the Code, clearly the district court would have subject-matter jurisdiction under chapter 25A of the present tort claim.

State v. Ondayog

722 N.W.2d 778 · Supreme Court of Iowa · Oct 20, 2006

The fact that a particular decision was made for tactical reasons does not, however, automatically immunize the decision from a Sixth Amendment challenge. … Conclusion Ondayog has failed to establish his claim of ineffective assistance of counsel.

Susan Ackerman v. State of Iowa, Iowa Workforce Development, Teresa Wahlert, Teresa Hillary, and Devon Lewis

913 N.W.2d 610 · Supreme Court of Iowa · Jun 15, 2018

Moreover, the court found its prior decisions effectively granted "employers with collective bargaining contracts [immunization] from accountability for violations of state public policy." Id. … The rationales for awarding punitive damages-punishment and deterrence-are no less compelling when an employer conditions a contract employee's employment on a violation of a clearly established public policy.