Case law

Ex parte McRoberts

16 Iowa 600 · Supreme Court of Iowa · Jul 1, 1864

This claim is based upon chapter twenty of the laws of the first session of the ninth congress, entitled “ An act for establishing rules *602 and articles for the government of the armies of the United States,” approved April … Such construction would result in great inconvenience, to say the least, and would, in a very large majority of heinous offenses, amount, by the opportunity for escape, to immunity for crime.

Sleeper v. Killion

182 Iowa 245 · Supreme Court of Iowa · Sep 24, 1917

At that date, the son had but one living child, and the devise to his “children in equal shares” clearly indicates the intention of the testatrix to include after-born children in the benefits of the devise, and to treat … Treating it as an adndssion of fact, it must be taken with all the qualifying clauses and limitations which the pleader has attached to it; and if, in connection therewith, facts are alleged which limit or qualify or nullify

Cook v. Union Pacific Railroad

178 Iowa 1030 · Supreme Court of Iowa · Jun 29, 1916

The obvious purpose of the legislature was to supplant the qualified duty of the common law with an absolute duty, deemed by it more just. … Negligence: proximate cause: establishing theory. Some of the fact questions are not in dispute.

State v. Pell

140 Iowa 655 · Supreme Court of Iowa · Jan 13, 1909

This court will not interfere with the action of the trial court in this respect, unless 'it clearly appears that such discretion has been abused and an injustice has been done. State v. Wilson, 124 Iowa, 264 ; State v. … The court withheld a ruling on this objection until the fact should be made to appear; *665 and, as it was not subsequently shown that the witness had violated the rule, no error is established on ^e record.

Beverly Gardiner Nance v. Iowa Department of Revenue

908 N.W.2d 261 · Supreme Court of Iowa · Feb 23, 2018

resulting from the establishment of that fact are understood to be serious and of great importance. … The district court reversed the IDOR and determined that this amount qualified for the spousal exemption. Id.

Dougherty v. Boyken

261 Iowa 602 · Supreme Court of Iowa · Jan 9, 1968

Each sought to fix the point of impact by the use of expert testimony and to thereby establish responsibility for the accident. … It was based partially on information obtained from Sergeant Angle, which was clearly hearsay. The admission of this evidence was error. IV.

Griffey v. Lubben

196 Iowa 465 · Supreme Court of Iowa · May 8, 1923

The rule in this respect is very clearly stated by the Massachusetts court in Cummings v. Arnold, 3 Metc. … Under such circumstances, it would be clearly inequitable to permit plaintiffs to retain the advance consideration paid.

Russell v. Johnston

327 N.W.2d 226 · Supreme Court of Iowa · Dec 22, 1982

The will was admitted to probate on October 19 and Marie was qualified as executor. The children argue that the provision in the will in favor of Marie is revoked by operation of Iowa Code section 633.271. … However, he began to recover once Don, who was his longtime personal friend, helped him to establish a franchise tax office in a building that Don had bought for that purpose.

Robert Allen Barker v. Donald H. Capotosto and Thomas M. Magee

875 N.W.2d 157 · Supreme Court of Iowa · Feb 5, 2016

We do hot bar criminal defendants who are guüty of their crimes from recovering overpay-ments from their criminal defense counsel, suing for clearly illegal searches, or suing the medical staff in- the prison for medical … immunity for appointed counsel unless a postconviction court determines that the client’s “conviction resulted from ineffective assistance of counsel.”

Graves v. Iowa Lakes Community College

639 N.W.2d 22 · Supreme Court of Iowa · Jan 24, 2002

We now hold that community colleges likewise do not qualify as state agencies. *27 Iowa Code chapter 260C establishes community colleges in fifteen designated areas when “two or more school systems or parts of school systems … On post-trial motions, the district court ruled that liability on the breach of contract claim was clearly proven, but would not support an award for punitive damages, and vacated that award.

Howe & Co. v. Jones

57 Iowa 130 · Supreme Court of Iowa · Oct 25, 1881

The plaintiff cannot call upon the court in an equitable action to establish his right and deny the right of others to appear and establish claims thereto. … It is sufficient for us to say that the oral agreement is clearly and fully established by the positive testimony of all the parties thereto, four witnesses.

Iowa Farm Bureau Federation, Iowa Renewable Fuels Association, and Iowa Water Environment Association

850 N.W.2d 403 · Supreme Court of Iowa · Jul 11, 2014

Clearly, the doctrine adopts a practical approach to an infrequent problem. … This is important because the policy of the requirement was clearly satisfied in the inception.

Depew v. Davis

2 Greene 260 · Supreme Court of Iowa · Jun 15, 1849

A legal reason must be one which is recognized by some established rule of law. … True, according to strict rules of syntax, the power to recommit is not qualified by those words; still we think the legislature intended such qualification.

Brigdon v. Covington

298 N.W.2d 279 · Supreme Court of Iowa · Nov 12, 1980

Little difficulty is occasioned by full satisfaction of the plaintiff’s claim through execution of a judgment, since clearly here there has been full compensation according to law. 1 Harper & James, The Law of Torts, § 10.1 … The facts here easily qualify for the relief sought on the basis of issue preclusion.

Sears Roebuck Co. v. Roddewig

228 Iowa 1273 · Supreme Court of Iowa · May 14, 1940

Tbe defendants filed an answer admitting all allegations of tbe petition not specifically denied, modified or qualified. … It clearly seeks to regulate activities of plaintiff outside the state.

Sherman v. Pella Corp.

576 N.W.2d 312 · Supreme Court of Iowa · Mar 25, 1998

To qualify for supplemental benefits the worker had to meet four criteria. One of those criteria required the worker to *319 have an impairment rating based on the Guides of 15 percent or more. … The commissioner determined that Sherman had established a disability of three percent of the right hand. He also determined she had not established a disability to the left hand or arm.

Lee Enterprises, Inc v. Iowa State Tax Commission

162 N.W.2d 730 · Supreme Court of Iowa · Nov 12, 1968

This rule is clearly set out in 16 Am.Jur.2d, Constitutional Law, § 126. … Of course, all interstate commerce is not per se immune from state taxation.

Conkling v. Conkling

185 N.W.2d 777 · Supreme Court of Iowa · Apr 9, 1971

Plaintiff is a dedicated and well-qualified surgeon. At the time the parties married, plaintiff was serving his internship, and they lived in an apartment in Detroit, Michigan. … We will therefore merely say that the evidence clearly shows defen-ant was guilty of cruel and inhuman treatment endangering plaintiff’s health and life, and that plaintiff has established the allegations of his petition

Darrin P. Miller, Individually, as of the Estate of Meredith R. Miller, and as Parent, Guardian, and Next of Friend of S.M.M., a Minor v. Catholic Health Initiatives-Iowa, Corp. d/b/a MercyOne Des Moines Medical Center, William Nowysz, Joseph Losh, Hijinio Carreon, Noah Pirozzi, Danielle Chamberlain, and Daron Darmening

Supreme Court of Iowa · May 24, 2024

The court reasoned that the letter “was provided early in the litigation,” “it clearly identified  8 Miller’s expert and qualifications,” and “it set forth in the expert’s own words … The expert witness must meet the qualifying standards of section 147.139. b.

Brown v. Hunt & Shuetz Co.

163 Iowa 637 · Supreme Court of Iowa · Feb 12, 1914

The thought is clearly implied in *641 tbe court’s discussion of all the cases in which the question has been considered. 2 same- proximate cause. … The fact seems to be well established that plaintiff, who was a person of two and one-half years’ experience in the employment of defendant, together with other workmen, were put to the task of removing and arranging the