Case law

Greater Community Hospital v. Public Employment Relations Board

553 N.W.2d 869 · Supreme Court of Iowa · Sep 18, 1996

Rather than adopting federal precedent in its evaluation of information requests, PERB decisions have established that a public employer has a duty to provide information that (1) is clearly specified, (2) may be relevant … Determining rules and procedures for the disclosure of information relevant to bargaining clearly falls within PERB’s authority.

In Re the Detention of Darling

712 N.W.2d 98 · Supreme Court of Iowa · Mar 31, 2006

But like the respondent in Betsworth, Darling has failed to establish that his chapter 229A right to treatment has been violated. … Clearly, his confinement is necessary to protect the public.

Lohman v. Mockler

190 Iowa 578 · Supreme Court of Iowa · Dec 31, 1920

It was the duty of the executor to pay the allowed and established claim. … The executor contends that the testimony of Lohman shows clearly that the mother, Jane Monahan, was anxious to help Mrs. Lohman, and, for that purpose, obtained the consent of Mrs. Dean to make this loan.

In re Probate of the Will of Martin

166 Iowa 233 · Supreme Court of Iowa · Jun 7, 1913

In the present case, however, the evidence on the part of contestants quite clearly showed that Mrs. … As qualified, it correctly gives the law. Y.

In Re Estate of Cocklin

232 Iowa 266 · Supreme Court of Iowa · Sep 22, 1942

Cock-lin is to be taken by you as established. ’ ’ The trial court submitted to the jury the only questions for it to decide when in its instructions it said, we quote: “There are just two questions for you as jurors to determine … Under this section tbe defendant was clearly entitled to open and close tbe argument, in view of tbe burden of proof which tbe instructions of the court laid upon him.

Bingham v. Blunk

253 Iowa 1391 · Supreme Court of Iowa · Jul 24, 1962

*1395 “Proposition No. 2 “Did the evidence presented by the plaintiff qualify his alleged book of account so that it could be properly received in evidence in accordance with the provisions of Section 622.28 of the Code of … Authorities relied on by appellants are clearly distinguishable. Here we have no question of the dead man statute, lack of identification or supporting evidence.

In Re Estate of Custer

229 Iowa 1061 · Supreme Court of Iowa · Jan 21, 1941

Walter Wehrle qualified as executor and acted as such. … With the testimony so disregarded, the court was clearly right in holding that the claimants had failed to establish consideration for the $12,400 note.

Walker Shoe Store, Inc. v. Howard's Hobby Shop

327 N.W.2d 725 · Supreme Court of Iowa · Dec 22, 1982

Lubin was then clearly distinguishable from the present case. … The burden, is upon the person moving for summary judgment to establish a right thereto.

State ex rel. Crossland v. Omaha & Council Bluffs Railway & Bridge Co.

91 Iowa 517 · Supreme Court of Iowa · Oct 2, 1894

may establish such grade. … We are clearly of the opinion, upon the whole record, that, though the Nebraska corporation has heretofore unlawfully exercised its corporate powers in this state, yet that there is no public interest demanding that it shall

Haradon v. Sloan

157 Iowa 608 · Supreme Court of Iowa · Nov 16, 1912

And a failure to so establish any of these matters requires that the jury shall find a verdict for the defendant.” … The instructions, read as a whole, clearly state the plaintiff’s case and limit the consideration to such case. *612 3 Same-measure" of sklI!' • IV.

State v. Tripp

113 Iowa 698 · Supreme Court of Iowa · Dec 19, 1900

It is sufficient if one be established. … The instruction, with its qualifying clause, was not very happily worded. That defendant would not be guilty under such a statement of facts, is clear.

State v. Galbreath

525 N.W.2d 424 · Supreme Court of Iowa · Dec 21, 1994

In an attempt to establish a factual basis for the plea, the court engaged Galbreath in the following colloquy: Q. … Such evidence, the court reasoned, established that the funds were fraudulently obtained thereby preventing title from passing to the defendant. Id. Similarly, in State v.

Shedenhelm v. Cafferty

174 Iowa 195 · Supreme Court of Iowa · Feb 16, 1916

The interest of these lien holders was a qualified one and was subordinate to the rights of the widow. … It was in the power of the court of equity to ascertain it and to establish the liens of the judgment creditors thereon.

Tiemann v. Kampmeier

252 Iowa 587 · Supreme Court of Iowa · Feb 8, 1961

The joint will was duly probated as her last will and testament and William Kampmeier qualified as executor thereof. … The transfers by William to his wife, Mariann, are clearly in violation of the terms of the joint will which became established at least upon the death of Julia and the probating of the will. .The decree of the trial court

State of Iowa v. Jabari Lamar Walker

856 N.W.2d 179 · Supreme Court of Iowa · Nov 14, 2014

Apprendi does not establish a right to have a sentencing enhancement found by the jury. Rather, it establishes a right to have the underlying facts that support the enhancement found by the jury. … While an attempt to commit sexual abuse clearly requires more than just intent, we cannot conceive of a confinement or removal of a victim with the intent to sexually abuse her that would not be considered attempted sexual

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.

Patterson v. Iowa Bonus Board

246 Iowa 1087 · Supreme Court of Iowa · Jun 7, 1955

It did not do so but went to the vote of the people in language which clearly, under popular usage, implied an additional cash bonus. … “Invalidity may be shown by things which will be judicially noticed * * * or by facts established by evidence.” Weaver v. Palmer Bros. Co., 270 U. S. 402, 410 , 46 S. Ct. 320, 321 , 70 L. Ed. 654 .

Johnson v. Marshall

232 Iowa 299 · Supreme Court of Iowa · Jun 16, 1942

It appears from the evidence in this case without dispute that the plaintiff is the duly appointed, qualified and acting administrator of the estate of G. H. … In such ease the presumption of delivery would clearly warrant a finding that the deed was delivered.

In re the Estate of Goldthorp

94 Iowa 336 · Supreme Court of Iowa · Apr 6, 1895

Now, clearly, if decedent was alive, she could by her testimony controvert and gainsay the conversations. She might testify that no conversations took place. … We think the errors were material and clearly prejudicial.

Pudil v. State Farm Mutual Automobile Insurance Co.

633 N.W.2d 809 · Supreme Court of Iowa · Sep 6, 2001

Thus, at the outset, it is clear that in order to recover any UIM benefits, the plaintiffs must establish that the truck owned by Swisher Plumbing and driven by Chalupsky was an “underinsured motor vehicle.” … coverage under policy on the basis that the policy excluded from the definition of an underinsured motor vehicle an uninsured vehicle and on the plain meaning of the statute applicable to un-derinsurance coverage which clearly