111 N.W.2d 654 KENNETH H. BATMAN, appellee, v. OVERLAND BUILDERS, a copartnership, and ORMAN OVERLAND, appellants. No. 50389.Supreme Court of Iowa. November 14, 1961. APPEAL AND ERROR: Trial court’s findings in jury-waived case — 1 weight. If there is substantial evidence to sustain the findings of fact by trial court in an action tried to […]
Category: Iowa Court Opinions
IN RE A.S., 770 N.W.2d 852 (Iowa App. 2009)
IN RE A.S. No. 09-0095.Court of Appeals of Iowa. Filed April 22, 2009. Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge. A father appeals from the order terminating his parental rights to his child. AFFIRMED. Patrick J. Kelly, Bettendorf, for appellant. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, […]
FISHER v. NICOLA, 214 Iowa 801 (1932)
211 N.W. 478 WILHELM FISHER, Appellee, v. J.C. NICOLA, Appellant. No. 40952.Supreme Court of Iowa. March 8, 1932. Rehearing Denied June 24, 1932. CONTRACTS: Requisites and Validity — Consideration — Mutual 1 Enlargement of Business. Where parties are carrying on a business under written contract, a subsequent and additional oral contract under which they mutually […]
STATE v. NEGRETE, 690 N.W.2d 464 (Iowa App. 2004)
STATE OF IOWA, Plaintiff-Appellee, v. ANTHONY NEGRETE, JR., Defendant-Appellant. No. 4-297 / 03-0578.Court of Appeals of Iowa. June 9, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Warren County, Darrell Goodhue, Judge. Anthony Negrete, Jr. appeals his conviction for second-degree arson. AFFIRMED. Linda […]
SAYLES v. BENNETT AVENUE ETC. CORP., 258 Iowa 628 (1966)
138 N.W.2d 895 LEO W. SAYLES et al., appellants, v. BENNETT AVENUE DEVELOPMENT CORPORATION and CITY OF COUNCIL BLUFFS, appellees. No. 51787.Supreme Court of Iowa. December 14, 1965. Rehearing Denied February 8, 1966. DECLARATORY JUDGMENT: Force limited to issues decided. A 1 declaratory judgment determining the validity of a contract has no greater force than […]
IOWA REALTY OF PELLA v. BOOMSMA’S, INC., 533 N.W.2d 549 (Iowa 1995)
IOWA REALTY OF PELLA, Appellee, v. BOOMSMA’S, INC., Appellant. No. 94-398.Supreme Court of Iowa. June 21, 1995. APPEAL FROM DISTRICT COURT, MARION COUNTY, DALE B. HAGEN, J. William B. Serangeli and Michael E. Marshall of Smith, Schneider, Stiles, Wimer, Hudson, Serangeli, Robinson, Mallaney, Shindler Scalise, P.C., Des Moines, for appellant. M. Timothy Heerema, Pella, for […]
STATE v. KIRK, 798 N.W.2d 736 (Iowa App. 2011)
STATE OF IOWA, Plaintiff-Appellee, v. MAMIE LIZZIE KIRK, Defendant-Appellant. No. 1-052 / 10-0853.Court of Appeals of Iowa. Filed March 7, 2011. Appeal from the Iowa District Court for Scott County, Paul L. Macek, Judge. Appeal from convictions of second-degree robbery and first-degree theft. AFFIRMED. Mark C. Smith, State Appellate Defender, and Robert P. Ranschau, Assistant […]
STATE v. DELAP, 466 N.W.2d 264 (Iowa App. 1990)
STATE of Iowa, Appellee, v. James Clyde DELAP, Appellant. James Clyde DELAP, Plaintiff, v. IOWA DISTRICT COURT FOR MUSCATINE COUNTY, Defendant. No. 89-1849.Court of Appeals of Iowa. December 27, 1990. APPEAL FROM DISTRICT COURT, MUSCATINE COUNTY, JAMES A. WEAVER AND JOHN G. MULLEN, JJ. Page 265 Raymond E. Rogers, State Appellate Defender, and B. John […]
JENSEN v. INTERSTATE TRANSIT LINES, 221 Iowa 513 (1936)
266 N.W. 9 MRS. GEORGE JENSEN, Appellee, v. INTERSTATE TRANSIT LINES, a Corporation, Appellant. No. 43222.Supreme Court of Iowa. March 17, 1936. CARRIERS: Carriage of passengers — hand baggage — condition to liability. A carrier of passengers is not liable, as an insurer, for the loss of the hand baggage of the passenger unless said […]
NELSON v. NELSON, 249 Iowa 638 (1958)
87 N.W.2d 767 CHRISTY A. NELSON et al., appellants, v. WILLIAM NELSON et al., appellees. No. 49383.Supreme Court of Iowa. February 11, 1958. EVIDENCE: Handwriting expert — when deemed substantive 1 evidence. The facts shown in support of the conclusions of a handwriting expert must be deemed substantive evidence rather than mere expert opinion. EVIDENCE: […]
NORTHWESTERN BELL v. IOWA UTILITIES BD., 477 N.W.2d 678 (Iowa 1991)
NORTHWESTERN BELL TELEPHONE COMPANY, Appellant, v. IOWA UTILITIES BOARD, Appellee,Iowa Network Services, Inc.; MCI Telecommunications Corp.; Office of Consumer Advocate; AT T Communications of the Midwest, Inc.; and Teleconnect Long Distance Services and Systems Company; Intervenors-Appellees. No. 90-97.Supreme Court of Iowa. November 20, 1991. APPEAL FROM IOWA DISTRICT COURT FOR POLK COUNTY, ARTHUR E. GAMBLE, […]
IN THE INTEREST OF J.H., 02-1794 (Iowa App. 12-30-2002)
IN THE INTEREST OF J.H., Minor Child, T.H. and R.H., Parents, Appellants. No. 2-977 / 02-1794.Court of Appeals of Iowa. Filed December 30, 2002. Appeal from the Iowa District Court for Hancock County, GERALD MAGEE, Associate Juvenile Judge. Parents appeal from the order terminating their parental rights to their daughter. AFFIRMED. Theodore Hovda, Garner, for […]
CONTINENTAL ILL. NAT. B. T. v. SEC. ST. BANK, 182 N.W.2d 116 (Iowa 1970)
The CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, Plaintiff-Appellee, v. The SECURITY STATE BANK, ALGONA, Iowa, Hawkeye Loan Company, Inc., Maurice E. Thompson, W.B. Lundberg, Defendants, Gunvald Sande and Edna P. Sande, Defendants-Appellants. No. 54276.Supreme Court of Iowa. December 15, 1970. APPEAL FROM KOSSUTH DISTRICT COURT, JOSEPH P. HAND, J. Page 117 John […]
CROSS v. EQUITABLE LIFE, 228 Iowa 800 (1940)
293 N.W. 464 WILLIAM M. CROSS, Appellee, v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Appellant. No. 45190.Supreme Court of Iowa. August 6, 1940. INSURANCE: Waiver of right of privileged communications. A life 1 insurance company has the right, before issuing a policy, to require a physical examination of an applicant and may incorporate […]
STATE v. VALLIER, 159 N.W.2d 406 (Iowa 1968)
STATE of Iowa, Appellee, v. David Angelo VALLIER, Appellant. No. 52783.Supreme Court of Iowa. June 11, 1968. Rehearing Denied September 4, 1968. APPEAL FROM LINN DISTRICT COURT, WILLIAM R. EADS, J. R.M. Fassler and Allan D. Kane, Cedar Rapids, for appellant. Richard C. Turner, Atty. Gen., David A. Elderkin, Asst. Atty. Gen., and William G. […]
NORLAND v. IOWA DEPT. OF JOB SERVICE, 387 N.W.2d 365 (Iowa App. 1986)
Deloma M. NORLAND, Petitioner-Appellant, v. IOWA DEPARTMENT OF JOB SERVICE, Respondent-Appellee. No. 85-456.Court of Appeals of Iowa. March 31, 1986. APPEAL FROM DISTRICT COURT, WORTH COUNTY, NEWT DRAHEIM, J. Phillip N. Norland, Northwood, for petitioner-appellant. Walter F. Maley, Blair H. Dewey, and Joseph L. Bervid, of Iowa Dept. of Job Service, Des Moines, for respondent-appellee. […]
IN RE MARRIAGE OF KETELSEN, 777 N.W.2d 129 (Iowa App. 2009)
Ketelsen, In re Marriage of. No. 09-0550.Court of Appeals of Iowa. November 12, 2009. Appeal from the Iowa District Court for Cedar County, C.H. Pelton, Judge. Lydia Wulf appeals the district court’s finding that her former husband, Brian Ketelsen, was not in contempt of court.AFFIRMED. Robyn C. Huss of Wm. B. Norton Law Firm, P.C., […]
DAVIS v. GATEWOOD, 228 N.W.2d 84 (Iowa 1975)
Lloyd D. DAVIS and Mark Donald Davis, by his Father and Next Friend, Lloyd D. Davis, Appellants, v. Wayne William GATEWOOD and Meredith Gatewood, Appellees. No. 2-56336.Supreme Court of Iowa. April 16, 1975. APPEAL FROM WAPELLO DISTRICT COURT, ARTHUR A. McGIVERIN, J. Page 85 Virgil Moore, Des Moines, for appellants. Dull, Keith Beaver, Ottumwa, for […]
MILLER v. EMPLOYMENT APPEAL BD., 423 N.W.2d 211 (Iowa App. 1988)
Stephen C. MILLER, Petitioner-Appellant, v. EMPLOYMENT APPEAL BOARD, Respondent-Appellee, C J Thompson, Ltd. d/b/a Thompson TV Rental, Employer. No. 87-587.Court of Appeals of Iowa. March 9, 1988. APPEAL FROM DISTRICT COURT, LINN COUNTY, HAROLD J. SWAILES, J. Carroll L. Lucht, Lois Cox, and Susan Pence and Terry A. Fikes, Student Legal Interns, Iowa City, for […]
TERPSTRA v. SCHINKEL, 235 Iowa 547 (1945)
14 N.W.2d 106 FRANK TERPSTRA, Appellant, v. JOSEPH SCHINKEL, Appellee. No. 46544.Supreme Court of Iowa. January 9, 1945. RULES OF CIVIL PROCEDURE: Sections 11182 and 11221, C., ’39, 1 superseded — Rule 88. It is held that sections 11182 and 11221, C., ’39, are superseded by the Rules of Civil Procedure, and, under Rule 88, […]