Case law

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.

Friesner Fruit Co. v. Chicago Great Western Railway Co.

199 Iowa 1143 · Supreme Court of Iowa · Dec 11, 1924

Under, the conflicting instructions given, the jury would not clearly understand whether appellant must establish the negligence of appellee “as pleaded,” or whether it was only necessary to establish negligence in “one or … It is to be observed that the instruction contains no qualifying provisions, either in regard to the distance which *1149 the train might be away, or the speed at which it was traveling.

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.

Phinney v. Montgomery

218 Iowa 1240 · Supreme Court of Iowa · Nov 13, 1934

It is conceded that the plaintiff appellants are the duly elected and' qualified trustees of the Mahaska county hospital, and that the hospital was established and is being operated under the provisions of chapter 269. … To establish and maintain in connection with said hospital a training school for nurses.”

Andrew v. Bevington Savings Bank

206 Iowa 869 · Supreme Court of Iowa · Oct 23, 1928

Thomas Enright was named as such trust'officer for the corporation, and he duly qualified, and has acted in that cápacity ever since. … Hence, under all. the considerations just discussed, it is plain that Thomas Enright is the receiver duly qualified to act in the premises. II.

Lyons v. Farm Property Mutual Insurance

188 Iowa 506 · Supreme Court of Iowa · Feb 18, 1920

This being so, the consequence of such failure to attach a true copy, clearly defined in the statute, may not be defeated by reformation. … The testimony recited, if true, qualified the witness to answer; for he had stated that he had examined hides injured by lightning.

Johannsen v. Mid-Continent Petroleum Corp.

227 Iowa 712 · Supreme Court of Iowa · Dec 12, 1939

On October 24, 1938, the special appearance of the Mid-Continent Petroleum Corporation of Kentucky was sustained and plaintiff appeals from such ruling. *715 At tbe outset, it would seem desirable to consider certain established … In support of the qualifying clause, “unless there is a statute particularly requiring that the special character of an appearance be announced at the time it is made,” the only authority cited is Molsberry v.

Racing Ass'n of Central Iowa v. Fitzgerald

648 N.W.2d 555 · Supreme Court of Iowa · Sep 6, 2002

Iowa authorizes two types of gambling establishments. Appellants are members of the first class of establishment — the racetrack — and are authorized by statute to conduct two types of gambling. … The second type of gambling establishment is excursion gambling boats (“riverboats”).

Taylor v. Independent School District

181 Iowa 544 · Supreme Court of Iowa · Oct 29, 1917

Minnick, 15 Iowa 123 , at 125: “But a person may be a qualified voter, so far as age, residence in the state or county are concerned, and yet if he simply votes in the wrong township, he is clearly guilty of illegal voting … Elections : qualifi cations o£ voters: residence : intention : temporary inability to consummate. IV.

Goetzman v. Wichern

327 N.W.2d 742 · Supreme Court of Iowa · Dec 22, 1982

The contributory negligence defense was clearly integral to the present case. *746 Furthermore, plaintiff’s failure to offer a substitute instruction should not have been a factor in the court’s ruling on the objection. … Among the significant common law changes in earlier years were abrogation of governmental immunity in contract cases in Kersten Co. v.

Bailey v. Chicago, Burlington & Quincy Railroad Co.

179 N.W.2d 560 · Supreme Court of Iowa · Sep 2, 1970

Bailey were clearly neither disserving nor adverse to her interests at the time or times made. … But no such foundation was established. Next, Mrs.

Deanna Jo Ramirez-Trujillo v. Quality Egg, L.L.C., Wright County Egg Division, and Selective Insurance Company of America

878 N.W.2d 759 · Supreme Court of Iowa · Apr 15, 2016

Iowa Code section 85.27(4) affords an employer who does not contest the compensability of a workplace injury a qualified statutory right to control the medical care provided to an injured employee. R.R. … Rather, an employer’s right to control care is a limited or qualified right. R.R. Donnelly, 670 N.W.2d at 195, 197 ; W. Side Transp. v. Cordell, 601 N.W.2d 691, 693 (Iowa 1999); see Bell Bros., 779 N.W.2d at 203-04 .

In Re Guardianship of Knell

537 N.W.2d 778 · Supreme Court of Iowa · Sep 20, 1995

The Iowa district court determined that Russell is a qualified and suitable parent under the statute. … The children are clean, well-dressed and supervised, and clearly loved by Marvin. Testimony indicated that Russell also has a good home.

Durband v. Ney

196 Iowa 574 · Supreme Court of Iowa · Jan 16, 1923

Specific performance is not a matter of absolute right to either party, but it is a remedy which is controlled by established doctrines and settled principles of equity. Mitchell v. Mutch, 180 Iowa 1281 ; Carter v. … In the instant case it is clearly established that the plaintiffs were vested with the fee title before the time of performance of the contract with John Ney, and had the defendant ‘accepted the deed tendered by the plaintiffs

In Re the Estate of McAllister

214 N.W.2d 142 · Supreme Court of Iowa · Jan 16, 1974

His sons, Keith and Roger were appointed and qualified as executors of the estate. … The payment of “interest” was clearly a paid gift by decedent without any agreement with the donees. III.

In Re the Estate of Miguet

185 N.W.2d 508 · Supreme Court of Iowa · Mar 11, 1971

The executors argue testatrix qualified the foregoing by stating in paragraph Fifth, “after all debts are paid”. … No showing is made as to disposition of the sum remaining from the conservator established $20,500 mortgage secured debt.

State v. Gibson

189 Iowa 1212 · Supreme Court of Iowa · Sep 26, 1919

The constitutional gAiaranty itself qualifies the immunity, by a plain indication that, while the right is given, the abuse of that right is not to be tolerated. … It must appear clearly that the underlying reasons of the constitutional provision have been disregarded. The title need not be an index or epitome of the act or its details. Beaner v.

Stutsman v. Des Moines City Railway Co.

180 Iowa 524 · Supreme Court of Iowa · Jun 23, 1917

To qualify him to so speak, he is not required to negative the possibility of like results from other causes. … Indeed, the record so made was clearly more favorable to the defendant than it was entitled to ask.

Becker v. Board of Education of Benton County

258 Iowa 277 · Supreme Court of Iowa · Dec 14, 1965

None was established according to the trial court’s detailed findings and conclusions. … The General Assembly has power to enact any legislation it sees fit provided it is not clearly and plainly prohibited by some constitutional provision.

Loschen v. Clark

256 Iowa 413 · Supreme Court of Iowa · Apr 8, 1964

The petition clearly alleges'the facts of the situation and the evidence clearly supports such facts. 4. Whether the findings and decree are sustainable under *418 the law of this state applicable thereto. … It does not use a qualifying word ahead of the word “trust”, but simply states that defendant holds said real estate “in trust” for plaintiff and such trust should be established and declared in favor of plaintiff upon the