Case law

State v. Shannon

214 Iowa 1093 · Supreme Court of Iowa · Jun 24, 1932

This is the general rule established by the courts of other jurisdictions. … The instruction we are considering is, in the light of the foregoing authorities, clearly erroneous.

Steinberg-Baum & Co. v. Dayton Countryman

247 Iowa 923 · Supreme Court of Iowa · May 9, 1956

We have pointed out repeatedly the General Assembly has power to enact any legislation it sees fit provided it is not clearly and plainly prohibited by some constitutional provision. … The legislature may well have found there are greater opportunities for deception and fraud in such sales than in those from established places of business.

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.

In Re Ransom's Estate

244 Iowa 343 · Supreme Court of Iowa · Feb 10, 1953

Stuart: Object to that as incompetent, immaterial and irrelevant; the witness is not properly qualified and no sufficient foundation is laid, and it is impossible to qualify this witness as a layman to express the opinion … He was not qualified to give the answer he did.

Young v. O'KEEFE

248 Iowa 751 · Supreme Court of Iowa · Apr 3, 1957

Each amendment was properly worded to include all “surviving spouses”, otherwise qualified under the statute, regardless of sex. But no language is changed to authorize a retrospective operation. … The record conclusively establishes that his case was already adjudicated when the statutory change occurred. He seeks here to establish the same status he sought before, by the same evidence.

Hansen v. Seabee Corp.

688 N.W.2d 234 · Supreme Court of Iowa · Oct 6, 2004

Disability Under the ADA To establish a claim of disability discrimination, Hansen was required to prove (1) he had a disability under the ADA, (2) he was qualified to perform the essential functions of his job with or without … “The word ‘substantial’ thus clearly precludes impairments that interfere in only a minor way with [a major life activity] from qualifying as disabilities.” Id.

Sioux Associates, Inc. v. Iowa Liquor Control Commission

257 Iowa 308 · Supreme Court of Iowa · Jan 12, 1965

Due to tbe zoning ordinance it cannot obtain a Class “B” beer permit and cannot qualify as a liquor license bolder under tbe Liquor Control Act. *310 The statutes involved are section 123.42, Code of Iowa, 1962, as amended … unless such establishments are licensed under this title.

Myron Dennis Behm, Burton J. Brooks, Bobby Lee Langston, David Leon Brodsky, Jeffrey R. Olson, and Geoff Tate Smith v. City of Cedar Rapids and Gatso USA, Inc.

Supreme Court of Iowa · Aug 31, 2018

Clearly, our approach to equal protection in RACI II had more teeth than that employed by the United States Supreme Court. … Equal Protection, Privileges and Immunities Claims. 1. Introduction.

Boyer v. Emerson

191 Iowa 900 · Supreme Court of Iowa · Jun 25, 1921

Under the present law, the widow may elect to accept under the provisions of the will at any time, and this fact may be established by any competent evidence. … The court was clearly right in its holding in this particular. 2. wills: felonious atee^'fppuoa?68’ Biiity of statute, Second. Is Roy I.

Maddy v. City Council

226 Iowa 941 · Supreme Court of Iowa · Apr 5, 1939

Had that been the intention of the legislature, it could have clearly said so. … The Denny case, supra, was an appeal from the action of the board of supervisors in refusing to establish a drainage district.

State v. Jensen

216 N.W.2d 369 · Supreme Court of Iowa · Mar 27, 1974

The first question presented in this appeal extends somewhat beyond these established rules. In this case the evidence of defendant’s remarks about a blood test and evidence of taking the breath test were admitted. … Yet it was clearly not a refusal sufficient to allow the officer’s demand for either a breath or urine test. And we gather from the record the officer conducting the test was not qualified to do so under the statute.

Gilchrist v. Bierring

234 Iowa 899 · Supreme Court of Iowa · Jun 6, 1944

The eases from which we have quoted clearly announce fundamental principles, essential to the life of a free people living under a republican form of government. … When he qualifies for the practice, he does so for life. That right cannot be taken from him except by due process of law.

State v. Rhodes

227 Iowa 332 · Supreme Court of Iowa · Nov 22, 1938

The ruling of the trial court overruling appellant’s challenge was well within Ms judicial discretion and there was clearly no abuse of the discretion reposed in the trial court. … The court, in the Crofford case, supra, recognizes the rule established in the cases of State v. Lawrence, State v.

Saydel Education Ass'n v. Public Employment Relations Board

333 N.W.2d 486 · Supreme Court of Iowa · Apr 20, 1983

The impasse “procedure” referred to clearly contemplates reference to substantive criteria. … Failure to require negotiations on criteria other than seniority would adversely affect the operation of the school, according to the district, by requiring retention of senior, but less qualified, teachers and might, in

Inghram v. National Union

103 Iowa 395 · Supreme Court of Iowa · Oct 21, 1897

The court also instructed, — and correctly so,— that the burden was upon the defendant to establish its defense of suicide. … It is true that the evidence does not clearly disclose a reason for such an act, and that mere conjecture may not be resorted to to find the reason.

Bird v. Board of Supervisors

154 Iowa 692 · Supreme Court of Iowa · Apr 3, 1912

This clause, with its present tense, quite clearly points to a possible annexation of territory after the improvement has come into existence. … The terms “snbdistrict” and “original district” are used in contradistinction to each other, and no other significance should be given, in this connection, to the qualifying word “original.”

Tunis E. Den Hartog, Shirley Ann Schweertman, Leonard G. Lybbert, James Edward Schuman, Michael J. Mac, Mary Ellen Molinaro, William James Robert, and Mark D. Fisher v. City of Waterloo

Supreme Court of Iowa · May 30, 2014

As a starting point here, we find it instructive chapter 306 is entitled “Establishment, Alteration, and Vacation of Highways,” and very clearly sets forth provisions and procedures for establishing, altering, improving … See, e.g., Iowa Code § 306.10 (“Power to establish, alter, or vacate.”); id. § 306.18 (“Establishment.”); Hansell v.

Bader v. Hiscox

188 Iowa 986 · Supreme Court of Iowa · Nov 11, 1919

The record does not clearly indicate whether the trial court sustained the motion to strike, and for a directed verdict generally, upon all the grounds assigned therefor, but we infer from the abstract that, the order was … The sole effect of the statute as we have it is'to deny to the promisee the right to establish such contract or promise by parol proof.

Hausen v. Dahlquist

232 Iowa 100 · Supreme Court of Iowa · Aug 11, 1942

Indeed, the will clearly shows that the trust property, including the real estate, might be sold and the proceeds reinvested in real estate. He left the entire matter to the discretion of the trustees. … Only three of the appointed trustees ever qualified.

State ex rel. Iowa Department of Transportation v. General Electric Credit Corp. of Delaware

448 N.W.2d 335 · Supreme Court of Iowa · Nov 22, 1989

Under the district court’s reading of the statute, the words “for compensation” are deemed to qualify “operated”; but in the statute as written, those words qualify “for the intrastate transportation of persons or *345 property … The district court’s reading of section 328.42 also is contrary to an established canon of statutory construction.