Case law

Reter v. Davenport, Rock Island & North Western Railway Co.

243 Iowa 1112 · Supreme Court of Iowa · Sep 16, 1952

There are some other qualifying provisions not material here. Later sections (481.4, 481.5 and 481.6) provide that the one “primarily to be served” may be required to pay the cost of acquisition and construction. … For the purpose of constracting a track or tracks to any * * * manufactory, warehouse, or mercantile establishment.”

Parker v. Lewis

2 Greene 311 · Supreme Court of Iowa · Jun 15, 1849

The allegations of the declaration as contained in the several counts, are substantially sustained and established by proof. … That must be established clearly. This done, it is enough in law.

Waterman v. Wood

185 Iowa 897 · Supreme Court of Iowa · Mar 21, 1919

If the record could fairly be said to establish these alleged facts, the defense would be perfect, and defendant could rightfully hold the possession so acquired, pending the delivery of the deed or the final adjudication … The merits of the case are clearly with the plaintiff,, and the judgment below is, therefore, affirmed, with costs.— Affirmed. Ladd, C. J., Gavnor and Stevens, JJ., concur.

State ex rel. Robbins v. Parker

147 Iowa 69 · Supreme Court of Iowa · Apr 9, 1910

In other words, the secretary would be compelled under the appellee’s construction to file everything offered, and such a result was clearly not contemplated by the lawmakers. … That mandamus, and not certiorari, was the proper remedy whereby to procure an order on the auditor to place plaintiff’s name on the ballot, is well established by authority. People v. Board, 138 N. Y. 95 ( 33 N.

State v. Stohr

730 N.W.2d 674 · Supreme Court of Iowa · Apr 27, 2007

Admissibility of Stohr’s breath-test results is expressly established by statute. … The certificate indicating that the operator in this case was qualified to use the device was placed in evidence and, although Stohr does not concede this point, we believe the operator’s qualifications were clearly established

Fencl v. City of Harpers Ferry

620 N.W.2d 808 · Supreme Court of Iowa · Dec 20, 2000

Clearly, the alley in question is not a navigable or recreational body of water; nor does the alley provide access to a river or lake. … The trial court found that Fencl had “clearly established” his “possession under a claim of right for a long period in good faith.” We agree.

Good v. Iowa Civil Rights Commission

368 N.W.2d 151 · Supreme Court of Iowa · May 22, 1985

Public accommodation shall not mean any bona fide private club or other place, establishment, or facility which is by its nature distinctly private, except when such distinctly private place, establishment, or facility caters … A bar or restaurant, for example, otherwise qualifying as a public accommodation under section 601A.2(10), could not lawfully discriminate on the basis of impermissible criteria.

Pfiffner v. Roth

379 N.W.2d 357 · Supreme Court of Iowa · Dec 18, 1985

To be clothed with immunity, the monopoly must be a “clearly articulated and affirmatively expressed policy” of the state. Neyens, 326 N.W.2d at 299 (quoting Community Communications Co. v. … Testimony by lawyers in the record established a range of fees from $95,000 to $135,000. We believe the district court’s allowance of $100,000 is well-supported by the evidence.

Iowa National Mutual Insurance v. Fidelity & Casualty Co. of New York

256 Iowa 723 · Supreme Court of Iowa · Jun 9, 1964

These rules are so well established in all jurisdictions that they need no citation of authority. What, then, is the clear and plain meaning of this contract or policy? … There was no misrepresentation, and clearly neither party was misled nor deceived. As we understand it, tbe insured do not so claim.

Hubbard v. Marsh

241 Iowa 163 · Supreme Court of Iowa · Jan 10, 1950

greatest need at this time is prompt, proper, and efficient management of the logging department, but after you make good in that department, then I propose that you study the problems of other departments, and eventually qualify … “To summarize, I propose to you to come into this business, which is well-established, and is earning a very satisfactory return, and take your Chances in the postwar period, knowing full well, that if you help build, maintain

Brutsche v. Coon Rapids Community School District

255 N.W.2d 337 · Supreme Court of Iowa · Jun 29, 1977

The record clearly establishes that the canvass of the election involved in this case was held the first Monday following the day of the election. … The election date was set at the July 10 meeting, clearly within the 10-day limit.

Anderson Financial Services, LLC v. Miller

769 N.W.2d 575 · Supreme Court of Iowa · Jul 24, 2009

In that case, this court considered whether an amendment to Iowa’s workers’ compensation statute immunizing coemployees unless the injured employee proved gross negligence should be given retrospective application. … Regardless of the motivation for enacting the new law, the statute itself clearly “defines and regulates” lenders’ right to impose *581 finance charges and is, therefore, substantive.

Charles City Education Ass'n v. Public Employment Relations Board

291 N.W.2d 663 · Supreme Court of Iowa · Apr 23, 1980

The proposal clearly covers a matter integrally related to the “wages” of the educators. Position on the salary schedule is determined by experience and educational background. … The proposal does not determine whether a person is qualified; it only establishes the salary such person is entitled to receive.

In Re Estate of Manahan

255 Iowa 1060 · Supreme Court of Iowa · Dec 10, 1963

They assert the court erred in finding abuse of discretion, the applicant qualified for assistance in the amount allowed, and there was sufficient income to pay educational expenses. … Whatever their reason, under the well established rules the court had the right and duty to hear and decide claimant’s application.

In Re Guardianship of Skinner

230 Iowa 1016 · Supreme Court of Iowa · Sep 23, 1941

This is a well-established principle of law. … Sorenson, supra, hereinbefore quoted, to the record herein, the appellee has never qualified or become entitled to the custody of this child as surviving spouse.

Yoder v. Smith

253 Iowa 505 · Supreme Court of Iowa · Jan 9, 1962

We hold there is at least a qualified one. III. … is clearly a conclusion of the pleader.

State of Iowa v. Alan Lee Watts, Jr.

801 N.W.2d 845 · Supreme Court of Iowa · Aug 19, 2011

Detective Lansing sniffed the door jambs to apartments 11 and 12 and concluded the odor was clearly emanating from apartment 12. Detective Lansing could also hear a television playing inside apartment 12. … Watts alternatively argues the warrant application did not demonstrate that the affiant, Detective Lansing, was qualified to recognize the odor of raw marijuana. We disagree.

Shine v. Iowa Department of Human Services

592 N.W.2d 684 · Supreme Court of Iowa · Apr 28, 1999

Accordingly, we must next determine whether the industrial commissioner qualifies as a state agency pursuant to section 421.17(29). … In re Marriage of Carr, 591 N.W.2d 627, 629 (Iowa 1999). 3 We think the broad definition of *689 garnishment clearly embraces the concept of a setoff.

Hickey v. District Court of Kossuth County

174 N.W.2d 406 · Supreme Court of Iowa · Feb 10, 1970

However, we find no evaluation of defendant’s mental illness and no evaluation of defendant’s present condition by a qualified doctor or Mental Health Institute official. … It is the State’s contention that, although no formal discharge from the Mental Health Institute at Cherokee appears, the authorities’ acts clearly indicate that defendant was no longer in need of the Institute’s care and

Linda Betz v. Rebecca Mathisen, Eric Muller, Kelly Rasmuson and Michael Wilson

Supreme Court of Iowa · Jan 9, 2026

But we conclude (as did the district court) that it is proper to rely on those filings to the extent they establish what notice Betz had at certain timeframes in the federal litigation. … In 1984, the injured party underwent additional testing and examination by a specialist who opined that he suffered from “chemically acquired immune disregulation” that “he will probably never completely recover from.”