Case law

Bogle v. Goldsworthy

202 Iowa 764 · Supreme Court of Iowa · Dec 14, 1926

The testimony of Goldsworthy confirms the presumption, in a qualified way. He admits that he holds the title in trust for Halver-son, but claims a lien thereon for the payment of his debt. … It awarded judgment in his favor against Halverson,, and established the same as a first lien upon the property, and as in lieu of the mortgage. The relief thus granted was clearly proper.

Kinyon v. Palmer

18 Iowa 377 · Supreme Court of Iowa · Apr 14, 1865

Unless privileged, if the libelous matter is established, malice is presumed, as a legal inference, without further proof. … In each, malice is expressly negatived, and it is also as clearly stated that the publications were made from honest motives, and with no intention to injure plaintiff *387 6. Pleadings: redundancy.

State v. Welton

300 N.W.2d 157 · Supreme Court of Iowa · Jan 14, 1981

The medical testimony established that it would have taken a blow with tremendous force to fracture the bone. I. Sufficiency of the evidence. … In addition, it is well established that penal statutes are to be interpreted strictly with doubts therein being resolved in favor of the accused, State v.

Christopher J. Godfrey v. State of Iowa, Terry Branstad, Governor of the State of Iowa, in His Official Capacity, Renna Findley, Legal Counsel to the Governor of the State of Iowa, in Her Official Capacity

Supreme Court of Iowa · Jun 30, 2021

The jury  20 found Boeyink was entitled to qualified immunity. The State of Iowa, Governor Branstad, and Bird timely filed this appeal. … The State of Iowa qualifies as an “employer.” Id. § 216.2(7).

Ferry v. Campbell

50 L.R.A. 92 · Supreme Court of Iowa · Jan 22, 1900

The meaning is that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society. … That the case was heard in the trial court on demurrer, and was presented to- us on assignment of error, does not qualify this rule.

Michael Merrill and Karen Jo Frescoln v. Valley View Swine, LLC and JBS Live Pork, LLC f/k/a Cargill Pork, LLC

Supreme Court of Iowa · Mar 27, 2020

The court did, however, reject Merrill and Frescoln’s argument that two-time voluntary dismissers did not qualify as having “a losing cause of action.” Id. … The court summed up her situation as follows:  8 Frescoln’s claims in this case are without substance of property ownership, and do not establish soundness in fact

State v. Valin

724 N.W.2d 440 · Supreme Court of Iowa · Dec 1, 2006

Iowa law clearly allows the district court to do so. … Instead, it states "[probationers are subject to the conditions established," and qualifies "any additional” conditions imposed by requiring them to be "reasonable” and either "promote the rehabilitation of the defendant

Farmers Elevator Co. v. Chicago, Rock Island & Pacific Railroad

260 Iowa 478 · Supreme Court of Iowa · Apr 4, 1967

“It is obvious from the wording of section 481.2 that the scale pit and scale mechanism can qualify as a building and still not be within the purview of said section. … The intent must be clearly expressed.

City of Des Moines v. Huff

232 N.W.2d 574 · Supreme Court of Iowa · Sep 17, 1975

At this juncture, recognition should be accorded to another established standard of statutory construction. … Furthermore, the qualifying term “when necessary” found in § 321.433 must mean at such time or times as existing circumstances make the sounding of a siren essential for the protection of persons and property.

Jones v. Iowa State Tax Commission

247 Iowa 530 · Supreme Court of Iowa · Feb 7, 1956

The discharge shows the headings of prior service, military qualifications, army specialty, battles, engagements, skirmishes, expeditions, wounds received, smallpox, typhoid and other vaccinations, and diphtheria immunity … At the outset of our consideration of this appeal- we are met by a well-established rule of law, which we think under the facts shown is of controlling importance.

Lenth v. Schug

226 Iowa 1 · Supreme Court of Iowa · Sep 27, 1938

McMillin, 225 Iowa 442 , 280 N.W. 608 , which held that an employee of a governmental body who commits a wrongful act is liable to the person injured and does not share the immunity of his principal. … That LuNida had been told to exercise care while on the highway and ran across the highway without looking in either direction would not establish contributory negligence as a matter of law.

State v. Lasley

705 N.W.2d 481 · Supreme Court of Iowa · Oct 28, 2005

The Sac and Fox Tribe of the Mississippi in Iowa (Tribe), owner of the establishment where the offense allegedly took place, sought the dismissal. … Clearly, this rule does not support the Tribe’s contention because the dismissal did not result from the magistrate’s or the prosecutor’s motion, but rather on the motion of the Tribe. See State v.

Weyerhaeuser Co. v. Thermogas Co.

620 N.W.2d 819 · Supreme Court of Iowa · Dec 20, 2000

However, to establish assembler liability, the plaintiff must show that the assembler actually sold or otherwise placed the defective product on the market. … In reply, Weyerhaeuser’s counsel stated: [Weyerhaeuser’s expert] testified at his deposition, and his opinion disclosure in this case clearly indicates, that based on his review of the physical evidence he couldn’t find a

Davis v. City of Waterloo

551 N.W.2d 876 · Supreme Court of Iowa · Jul 24, 1996

The court made a new finding of fact that Davis was clearly the most qualified applicant for the foreman position and clearly implied in that finding that it was the court’s belief that, absent the improper injection of race … It argues that: (1) Davis failed to establish a violation of state or federal civil rights laws because he did not show racial discrimination in the promotion; (2)the city’s affirmative action plan provided a nondiscriminatory

In Re the Marriage of Neff

675 N.W.2d 573 · Supreme Court of Iowa · Feb 25, 2004

The record establishes that the children have done their part in obtaining loans and grants as well as by working. … The record also establishes that [Deborah] is doing her part by providing payments to the children and apparently advancing to them what should be [Robert’s] share....

Employers Mutual Casualty Co. v. Cedar Rapids Television Co.

552 N.W.2d 639 · Supreme Court of Iowa · Jul 24, 1996

The FCC ultimately found that CRTV had not established the transfer to be against the public interest, and allowed the assignment. … It was predicated on facts that clearly would not support a malicious prosecution claim.

State of Iowa v. Christine Ann Kern

831 N.W.2d 149 · Supreme Court of Iowa · May 24, 2013

Cullison, rather, was our court’s effort to determine the scope of “an Iowa State parolee’s Fourth Amendment rights, privileges- and immunities.” Id. at 537 . … I would address the reasonable-suspicion issue by applying established Fourth Amendment precedent. In United States v.

State v. Green

680 N.W.2d 370 · Supreme Court of Iowa · Jun 11, 2004

Clearly, phlebotomists are not specifically mentioned in the statute as individuals qualified to withdraw blood for testing. … Of course, there is no evidence in the record establishing the length, content, or quality of the training of any phle-botomist, much less Tinley in particular. 5 .Importantly, other authority exists which casts doubt on

Wapello County v. Ward

257 Iowa 1231 · Supreme Court of Iowa · Jun 30, 1965

Their power to enact ordinances and provide punishment for their violation is so well understood and established that an extended discussion is needless. We have in Goodlove v. … We do not by this decision in any manner intend to overrule our previous decisions which define the powers, rights, liabilities or immunities of governmental bodies which we have termed “quasi municipal corporations”.

Iowa Electric Light & Power Co. v. Incorporated Town of Grand Junction

221 Iowa 441 · Supreme Court of Iowa · Dec 17, 1935

It may also be conceded that it is the established law that if *471 the thing done or which failed to be done which constitutes defects in municipal proceedings is something the necessity for which the legislature might have … If a statute is clearly contrary to constitutional provisions, it is the duty of the court to declare it so. No other tribunal can be appealed to.