Case law

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.

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.

Allen v. STATE OF IOWA, DEPT. OF PERSONNEL

528 N.W.2d 583 · Supreme Court of Iowa · Mar 29, 1995

Its duties are also set out in chapter 19A. *586 One of IDOP’s primary duties is to establish and administer a position classification plan, which is to include each position of employment in State government. … An appeal may be made to the commission or to a qualified classification committee appointed by the commission.... Iowa Code section 19A.9(1). Id.

In Re Devine's Estate

255 Iowa 726 · Supreme Court of Iowa · Oct 15, 1963

The execution of the agreement and the subsequent performance thereof, as provided in section 675.5, clearly implied that determination. … Devine, deceased, his prayer for the removal of the present administrators must be granted, and the party nominated by him as administrator, if found qualified, should be named to that office.

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

Bradley v. Iowa Central Railway Co.

111 Iowa 562 · Supreme Court of Iowa · May 22, 1900

No particular complaint is made of the finding that defendant was negligent, so that fact may be accepted as established. … Clearly, the plaintiff was entitled to recover for the value of the grass, if any, which was destroyed.

State ex rel. Mitchell v. McChesney

190 Iowa 731 · Supreme Court of Iowa · Jan 13, 1921

The proposition carried, and the consolidated district was established. The vote is not given. … The judges of said election shall provide separate ballot boxgs in which shall be deposited the votes cast by the qualified voters from their respective territory, and if a majority of the votes east by the qualified voters

State v. Maupin

196 Iowa 904 · Supreme Court of Iowa · Apr 3, 1923

We have held that, before a witness may give his opinion that a person is insane, he must qualify by detailing fully the facts upon which his opinion is based. State v. Thomas, supra. … Merely asking a witness whether the witness’s aunt, grandmother, or great-grandmother was insane, without qualifying the witness, rendered the offered testimony clearly inadmissible.

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.

In re Appeal of J. K. & W. H. Gilcrest Co.

198 Iowa 162 · Supreme Court of Iowa · Apr 1, 1924

The engineer, who was thoroughly qualified to speak on these matters, testified: “All of the Gilcrest tract will eventually drain into this trunk-line sewer. … When we established the boundary line of a district, we took in only such land as would drain into the trunk line.”

Denslow v. Van Horn

16 Iowa 476 · Supreme Court of Iowa · Jun 21, 1864

The view taken by the Court was clearly correct. The defendant admitted the promise to marry, in his testimony delivered on the trial. … It was not qualified in the principal ease, by stating that such would be the effect of an entire failure of proof. From such a failure bad faith may well be inferred.

Bender v. City of Iowa City

222 Iowa 739 · Supreme Court of Iowa · Nov 17, 1936

Had that been the intention of the legislature, it could have clearly said so. … Can the court say that the mayor acted arbitrarily because he did not call in outsiders to establish a fact of which he already had full and complete knowledge?'

State v. Kluesner

389 N.W.2d 370 · Supreme Court of Iowa · Jun 18, 1986

Ordinarily, qualifying words and phrases refer only to the immediately preceding antecedent. See Metier, 378 N.W.2d at 913 (quoting State v. Lohr, 266 N.W.2d 1, 3 (Iowa 1978)). … that the restitution statute which was previously in effect, Iowa Code section 907.12(3) (1981), mandated restitution “[i]f the trial court exercises any of the sentencing options under section 907.3,” language which more clearly

City of Sioux City v. Chicago & Northwestern Railway Co.

129 Iowa 694 · Supreme Court of Iowa · Feb 15, 1906

To have and to hold the lands herein above granted and quitclaimed, the right of way, wharves, landings, levees, together with all the rights, powers, privileges, immunities and profits hereinabove mentioned and intended … Nor do we think the evidence sufficient to establish a common-law dedication thereof for such purposes.

Jensvold v. Chicago Great Western Railroad

236 Iowa 708 · Supreme Court of Iowa · May 8, 1945

upon an agreed *719 statement of facts, which fails to disclose the term of years for which the franchise was granted, and likewise fails to show that the application for the franchise was first approved by a vote of the qualified … offered was and is inoperative as a city ordinance, because of the mayor’s failure to signify his approval thereof by signing it. ’ ’ I. concur in the result reached in the majority opinion because the record in this case clearly

Flues v. New Nonpareil Co.

155 Iowa 290 · Supreme Court of Iowa · May 8, 1912

The publication complained of comes so clearly within this definition of libel that it is needless to discuss it. … To this occasion attaches the qualified privilege to publish a fair and impartial report of such proceedings.

Christenson v. Johnson

209 Iowa 1200 · Supreme Court of Iowa · Mar 18, 1930

If there be no parent or guardian qualified and competent to discharge the duty, the circuit court shall appoint a guardian.” … The child was clearly identified by name, and there can be no mistake in these particulars.

David Taft v. Iowa District Court for Linn County

828 N.W.2d 309 · Supreme Court of Iowa · Mar 15, 2013

Recognizing that civil commitment proceedings must comport with the Due Process Clause, the general assembly established a protocol for periodic reviews of the status of each committed person. … The undisputed evidence at the annual review stage clearly established Taft was not eligible for placement in the transitional release program.

Madden v. Saylor Coal Co.

133 Iowa 699 · Supreme Court of Iowa · Mar 13, 1907

The burden of affirmatively establishing such defense was upon the appellant, and the jury found against it. 2' Evidence! … Skilled physicians are clearly competent to testify to visible physical defects and are clearly better qualified to testify as to the probable effect of stated physical conditions than nonexperts.