288 N.W. 406 CARROLL M. ROSS, Appellee, v. HENRY A. ALBER et al., Appellants. No. 44916.Supreme Court of Iowa. November 14, 1939. HABEAS CORPUS: Assignments of error — insufficiency — affirmance. Where only assignment of error was to the effect that trial court erred in sustaining a writ of habeas corpus because record showed that […]
Category: Iowa Court Opinions
STATE v. WALKER, 574 N.W.2d 280 (Iowa 1998)
STATE of Iowa, Appellee, v. Terrance Dwayne WALKER, Appellant. No. 96-1148.Supreme Court of Iowa. January 21, 1998. Rehearing Denied March 9, 1998. As Corrected February 16, 1998. APPEAL FROM DISTRICT COURT, STORY COUNTY, DALE E. RUIGH, J. Page 281 Anita M. Olson of the Olson Law Office, Altoona (until withdrawal), Alan Bernard, Bernard Law Firm, […]
McILRAVY v. NORTH RIVER INS. CO., 653 N.W.2d 323 (Iowa 2002)
DAVID McILRAVY, Appellant, v. NORTH RIVER INSURANCE COMPANY and CRUM FORSTER INSURANCE, Appellees. No. 115 / 01-0008Supreme Court of Iowa. Filed October 9, 2002 On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Polk County, Joel D. Novak, Judge. Appeal from order by the district court granting summary judgment […]
PAHRE v. AUDITOR OF STATE, 422 N.W.2d 178 (Iowa 1988)
Warren PAHRE, et al., Plaintiffs, v. AUDITOR OF the STATE of Iowa and Industrial Loan Thrift Guaranty Corporation of Iowa, Defendants. INDUSTRIAL LOAN THRIFT GUARANTY CORPORATION OF IOWA, Appellant, v. REESE COMPANY, P.C., and Bill M. Reese, C.P.A., Appellees. No. 87-741.Supreme Court of Iowa. April 13, 1988. APPEAL FROM DISTRICT COURT, POLK COUNTY, HARRY PERKINS, […]
DYE PRODUCE CO. v. DAVIS, 202 Iowa 1008 (1926)
209 N.W. 744 DYE PRODUCE COMPANY, Appellant, v. JAMES C. DAVIS, Director General of Railroads, Appellee. Supreme Court of Iowa. June 25, 1925. Opinion on Rehearing June 21, 1926. Rehearing Denied December 16, 1926. ORIGINAL NOTICE: Personal Service — Director General of 1 Railroads. Service of an original notice on a delivering carrier did not, […]
IN RE ESTATE OF WRIGHT, 210 Iowa 25 (1930)
230 N.W. 552 IN RE ESTATE OF JACOB Z. WRIGHT. SARAH E. LEMON, Appellant, v. M.I. MASTERSON, Administrator, et al., Appellees. No. 40052.Supreme Court of Iowa. April 14, 1930. EXECUTORS AND ADMINISTRATORS: Appointment, Qualification, and Tenure — Next of Kin — No Degrees of Nearness. “Next of kin,” within the meaning of the statute regulating […]
FRIEND v. CUMMINGS, 207 Iowa 1201 (1929)
224 N.W. 510 HARDY FRIEND, Petitioner, v. B.F. CUMMINGS, Judge, Respondent. No. 39386.Supreme Court of Iowa. April 2, 1929. INTOXICATING LIQUORS: Bootlegging — Injunction — Acts Not Constituting Violation. An injunction solely against acts constituting bootlegging is not violated by the subsequent maintenance by the defendant of an intoxicating liquor nuisance. Constitutional Law: 12 C.J., […]
STATE v. SPECK, 202 Iowa 732 (1926)
210 N.W. 913 STATE OF IOWA, Appellee, v. GEORGE SPECK, Appellant. Supreme Court of Iowa. November 23, 1926. RAPE: Corroboration — Admissions of Accused. Statutory 1 corroboration in a prosecution for rape may be found in the general admission of the accused that he had had sexual intercourse with the prosecutrix, even though such admissions […]
STATE v. OLSON, 98-1368 (Iowa App. 11-20-2000)
STATE OF IOWA, Plaintiff-Appellee, vs. DONALD LEE OLSON, Defendant-Appellant. No. 0-569 / 98-1368.Court of Appeals of Iowa. Filed November 20, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] [EDITORS’ NOTE: THIS OPINION IS NOT FOR PUBLICATION.] Appeal from the Iowa District Court for Polk County, JACK LEVIN, Judge. Donald Lee […]
C., R.I. P.R. CO. v. STATE COMMERCE COMM., 248 Iowa 207 (1957)
80 N.W.2d 351 CHICAGO, ROCK ISLAND PACIFIC RAILROAD COMPANY, appellant, v. IOWA STATE COMMERCE COMMISSION (members); JOHN A. TALLMAN, chairman, appellees. No. 49023.Supreme Court of Iowa. January 15, 1957. RAILROADS: Commerce Commission — effect of contract between 1 railroad and city — not cognizable by Commission. The question of the effect of a contract between […]
FINKLE v. CITY OF MARSHALLTOWN, 205 Iowa 918 (1928)
218 N.W. 618 I.S. FINKLE, Appellee, v. CITY OF MARSHALLTOWN, Appellant. Supreme Court of Iowa. April 3, 1928. MUNICIPAL CORPORATIONS: Special Assessments — Future Prospects — Evidence. Future prospects of property and reasonable anticipations concerning it may be given consideration (1) in fixing the benefits which result to the property by reason of the construction […]
STATE v. WILLIS, 218 N.W.2d 921 (Iowa 1974)
STATE of Iowa, Appellee, v. Garole Lee WILLIS, Appellant. No. 56844.Supreme Court of Iowa. May 22, 1974. APPEAL FROM POLK DISTRICT COURT, DALE S. MISSILDINE, J. Page 922 Marlyn S. Jensen, Des Moines, for appellant. Richard C. Turner, Atty. Gen., Thomas D. McGrane, Asst. Atty. Gen., and Ray Fenton, County Atty., for appellee. Submitted to […]
STATE v. NUNGESSER, 269 N.W.2d 449 (Iowa 1978)
STATE of Iowa, Appellee, v. Beri NUNGESSER, Appellant. No. 60686.Supreme Court of Iowa. August 30, 1978. APPEAL FROM TAMA DISTRICT COURT, JOHN L. HYLAND, J. James R. Norris, of Claassen, Kruter, Ibeling Wenzel, Cedar Rapids, for appellant. Richard C. Turner, Atty. Gen., and Jared O. Bauch, County Atty., for appellee. Considered en banc.[*] [*] MASON, […]
STATE v. GARDINER, 205 Iowa 30 (1928)
215 N.W. 758 STATE OF IOWA, Appellee, v. JOE GARDINER, Appellant. Supreme Court of Iowa. October 25, 1927. Rehearing Denied January 13, 1928. EMBEZZLEMENT: Indictment — Sufficiency. Indictment reviewed, and 1 held to adequately charge embezzlement by a public officer. EMBEZZLEMENT: Indictment — Demand — Sufficiency. In an 2 indictment for embezzlement by a township […]
IN RE D.G., 704 N.W.2d 454 (Iowa App. 2005)
In the Interest of D.G. and L.G., Minor Children, K.G., Father, Appellant, S.G., Mother, Appellant. No. 05-0718.Court of Appeals of Iowa. August 17, 2005. Appeal from the District Court, Linn County, Robert E. Sosalla, J. Page 455 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]
ODLE v. IOWA STATE TAX COMMISSION, 246 Iowa 1241 (1955)
71 N.W.2d 584 MAY ODLE et al., appellants, v. IOWA STATE TAX COMMISSION et al., appellees. No. 48739.Supreme Court of Iowa. July 27, 1955. TAXATION: Exemptions — strict construction of statutes. 1 Statutes exempting property from taxation must be strictly construed and if there is any doubt, it must be resolved against exemption and in […]
BELLACH v. IMT INS. CO., 573 N.W.2d 903 (Iowa 1998)
Michael E. BELLACH, Appellee, v. IMT INSURANCE COMPANY, Appellant. No. 96-1198.Supreme Court of Iowa. January 21, 1998. APPEAL FROM DISTRICT COURT, LINN COUNTY, VAN D. ZIMMER, J. Steven J. Pace, Diane Kutzko and Douglas R. Oelschlaeger of Shuttleworth Ingersoll, P.C., Cedar Rapids, for appellant. Page 904 Tom Riley and Mark E. Liabo of Tom Riley […]
CONKLIN v. IOWA D. CT. FOR SCOTT COUNTY, 482 N.W.2d 444 (Iowa 1992)
Doug CONKLIN, Plaintiff, v. IOWA DISTRICT COURT FOR SCOTT COUNTY, Defendant. No. 90-1487.Supreme Court of Iowa. March 18, 1992. APPEAL FROM IOWA DISTRICT COURT FOR SCOTT COUNTY, JAMES E. KELLEY, J. Page 445 Thomas J. Yeggy, Davenport, for plaintiff. Michael J. McCarthy of McCarthy Lammers, Davenport, for defendant. Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, […]
KEEFE v. KEEFE, 259 Iowa 85 (1966)
143 N.W.2d 335 DOROTHY M. KEEFE, appellant, v. JOSEPH W. KEEFE, appellee. No. 52015.Supreme Court of Iowa. June 14, 1966. HUSBAND AND WIFE: Support of wife — duty of husband. A husband 1 is bound both in law and equity for support and maintenance of his wife, however, the right to support is not necessarily […]
WAREHAM v. ATKINSON, 215 Iowa 1096 (1933)
247 N.W. 534 S.H. WAREHAM, Appellant, v. FLOYD ATKINSON and IDA ATKINSON, Appellees. No. 41776.Supreme Court of Iowa. March 14, 1933. BROKERS: Actions for Compensation — Prima facie Right to Commission. A licensed real estate broker makes a prima facie showing for recovery of a commission for effecting a sale of property on proof that […]