STATE OF IOWA, Plaintiff-Appellee, v. DONNA LYNN MONTGOMERY, Defendant-Appellant. No. 3-232 / 02-1753.Court of Appeals of Iowa. Filed June 25, 2003. Appeal from the Iowa District Court for Washington County, Lucy J. Gamon, District Associate Judge. Donna Montgomery appeals from her conviction, following a bench trial, for operating while intoxicated. REVERSED AND REMANDED. Douglas L. […]
Category: Iowa Court Opinions
MAXWELL v. HIGHWAY COMMISSION, 223 Iowa 159 (1937)
271 N.W. 883 CHARLES A. MAXWELL et al., Appellees, v. IOWA STATE HIGHWAY COMMISSION et al., Appellants. No. 43189.Supreme Court of Iowa. February 20, 1936. Opinion on Rehearing March 9, 1937. EMINENT DOMAIN: Compensation — measure of. The recoverable 1 measure of damages to a farm, consequent on the condemnation of a highway right of […]
COMFORT v. CONTINENTAL CASUALTY CO., 239 Iowa 1206 (1948)
34 N.W.2d 588 DORIS M. COMFORT, Appellee, v. CONTINENTAL CASUALTY COMPANY, Appellant. No. 47320.Supreme Court of Iowa. November 16, 1948. WORDS AND PHRASES: “Accident” — definition. An accident is an 1 event which under the circumstances is unusual and unanticipated by a person to whom it happens without the concurrence of the will of the […]
SIMANEK v. BEHEL, 232 Iowa 1150 (1943)
7 N.W.2d 792 MILO SIMANEK, Appellee, v. OLIVER BEHEL, Appellant. No. 45853.Supreme Court of Iowa. February 9, 1943. MOTOR VEHICLES: Rights of drivers at intersections — section 1 5026.01, C., ’39 (since repealed by chapter 175, 49 G.A.). Under section 5026.01, C., ’39 (since repealed by chapter 175, 49 G.A.), the driver of a motor […]
BROWN v. BERGMAN, 204 Iowa 1006 (1927)
216 N.W. 731 IRVIN C. BROWN, Appellant, v. FRED W. BERGMAN et al., Appellees. Supreme Court of Iowa. December 13, 1927. BOUNDARIES: Acquiescence — Immaterial Matters. If landowners have, in truth and in fact, acquiesced, for more than ten years, in a fence as the boundary line between their adjoining lands, it becomes quite immaterial […]
STATE v. SCHRECK, 258 Iowa 218 (1965)
137 N.W.2d 914 STATE OF IOWA, appellee, v. STEVEN WAYNE SCHRECK, appellant. No. 51656.Supreme Court of Iowa. November 16, 1965. CRIMINAL LAW: Witness as accomplice. A witness is an accomplice 1 if he could be indicted and convicted for the same crime. Section 688.1, Code of 1962. CRIMINAL LAW: Accomplices — question of law unless […]
IN RE MARRIAGE OF ERICKSON, 491 N.W.2d 799 (Iowa App. 1992)
In re the MARRIAGE OF Diana Lynn ERICKSON and David Regan Erickson. Upon the Petition of Diana Lynn ERICKSON, Appellant, and Concerning David Regan Erickson, Appellee. No. 91-1943.Court of Appeals of Iowa. August 27, 1992. APPEAL FROM DISTRICT COURT, STORY COUNTY, MILTON D. SEISER, J. Page 800 B. Joan White of White Zaffarano Law Offices, […]
STATE v. JONES, 490 N.W.2d 787 (Iowa 1992)
STATE of Iowa, Appellee, v. Milton Sylvester JONES, Appellant. No. 91-1321.Supreme Court of Iowa. July 22, 1992. Rehearing Denied September 25, 1992. APPEAL FROM DISTRICT COURT, SCOTT COUNTY, MARGARET S. BRILES AND EDWARD deSILVA, JJ. Page 788 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]
STATE v. ARMSTRONG, 599 N.W.2d 99 (Iowa 1999)
State v. Armstrong. No. 98-589.Supreme Court of Iowa. Filed June 3, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Affirmed.
IN RE GUARDIANSHIP OF LANCEY, 232 Iowa 191 (1942)
2 N.W.2d 787 IN RE GUARDIANSHIP OF PHILLIP MORRIS LANCEY. L.D. SHELLEY, Guardian, Appellee, v. CLYDE LANCEY, Appellant. No. 45936.Supreme Court of Iowa. March 17, 1942. Rehearing Denied August 11, 1942. GUARDIAN AND WARD: Appointment of guardian of minor — 1 jurisdiction of court. Where the custody of a minor has been awarded to a […]
WILKER v. WILKER, 630 N.W.2d 590 (Iowa 2001)
TIMOTHY BRIAN WILKER, Appellee, v. PAULA ANN WILKER, Appellant. No. 81 / 00-1384Supreme Court of Iowa. Filed July 5, 2001 Appeal from the Iowa District Court for Cedar County, Max R. Werling, Senior Judge. Appeal from finding of domestic abuse committed by wife and placing physical custody of eight-year-old son with husband. AFFIRMED. Page 591 […]
HERRING MOT. CO. v. MYERLY, 207 Iowa 990 (1929)
222 N.W. 1 HERRING MOTOR COMPANY, Appellee, v. JOHN G. MYERLY et al., Appellants. Supreme Court of Iowa. November 20, 1928. Rehearing Denied March 8, 1929. PRINCIPAL AND AGENT: Authority of Agent — Variation from 1 Direction — Effect. A principal who employs an agent to perform a certain act may be responsible for the […]
IN RE D.E., 776 N.W.2d 112 (Iowa App. 2009)
In re D.E. No. 09-1016.Court of Appeals of Iowa. September 2, 2009. Appeal from the Iowa District Court for Polk County, Carol Egly, District Associate Judge. A mother appeals from the order terminating her parental rights. AFFIRMED. Victoria Meade, West Des Moines, for appellant mother. Jason Hauser, Des Moines, for father J.M. Mark Elcock, Des […]
DOERFER DIV. OF CCA v. NICOL, 359 N.W.2d 428 (Iowa 1984)
DOERFER DIVISION OF CCA, Appellee, v. Byron James NICOL, Claimant, Appellee, and Wayne Engineering Corporation, Employer, and Maryland Casualty Company, Insurance Carrier, Appellants, and Robert C. Landess, Iowa Industrial Commissioner, Respondent. No. 83-755.Supreme Court of Iowa. December 19, 1984. APPEAL FROM DISTRICT COURT, BLACK HAWK COUNTY, FOREST E. EASTMAN, J. Page 429 Samuel T. Beatty […]
IN RE D.J.W., 742 N.W.2d 606 (Iowa App. 2007)
In re D.J.W. No. 07-1501.Court of Appeals of Iowa. October 24, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Decisions without Published Opinions. Affirmed.
MARSHALL v. STATE, 524 N.W.2d 150 (Iowa 1994)
Thomas MARSHALL, Appellant, v. STATE of Iowa, Appellee. STATE of Iowa, Plaintiff, v. IOWA DISTRICT COURT FOR JONES COUNTY, Defendant. No. 93-1339.Supreme Court of Iowa. November 23, 1994. APPEAL FROM DISTRICT COURT, JONES COUNTY, WILLIAM L. THOMAS, J. Page 151 Phillip B. Mears of Mears Law Office, Iowa City, for appellant. Bonnie J. Campbell, Atty. […]
SANDMEYER v. WEITZEL, 01-334 (Iowa App. 9-12-2001)
MICHAEL J. SANDMEYER, Petitioner-Appellant, v. DEENA J. WEITZEL, Respondent-Appellee. No. 1-582 / 01-334Court of Appeals of Iowa. Filed September 12, 2001 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Cerro Gordo County, Jon Stuart Scoles, Judge. The petitioner appeals from an order regarding child […]
IN THE INTEREST OF C.H., 00-129 (Iowa App. 3-14-2001)
IN THE INTEREST OF C.H., Minor Child, C.H., Minor Child, Appellant. No. 1-077 / 00-129Court of Appeals of Iowa. Filed March 14, 2001 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Scott County, John A. Nahra, Judge. Juvenile appeals from an order adjudicating him […]
IN RE MARRIAGE OF SWANEY, 707 N.W.2d 337 (Iowa App. 2005)
IN RE THE MARRIAGE OF KERI D. SWANEY and ERIC A. SWANEY. Upon the Petition of KERI D. SWANEY, n/k/a ALLISON M. CONRAD, Petitioner-Appellant, And Concerning ERIC A. SWANEY, Respondent-Appellee. No. 5-263 / 04-1183Court of Appeals of Iowa. Filed November 9, 2005 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal […]
KANOFSKY v. WOERDERHOFF, 211 Iowa 1175 (1931)
235 N.W. 805 JACOB KANOFSKY, Appellee, v. J.L. WOERDERHOFF, Appellant. No. 40606.Supreme Court of Iowa. March 10, 1931. REFORMATION OF INSTRUMENTS: Right of Action — Instruments Reformable — Excessive Lease. A written lease which is shown by clear, satisfactory, and convincing evidence to embrace a larger portion of integral premises than the lessor and lessee […]