188 N.W. 966 JOHN S. FLORENCE, Appellant, v. A. L. Fox, Appellee. Supreme Court of Iowa. June 23, 1922 PARTNERSHIP: The Relation-Contract of Lease Not Partnership. Farm contracts or agricultural agreements by which the owner of land contracts that the land shall be occupied by another, under an arrangement that each party shall furnish a […]
Category: Iowa Court Opinions
FITCH v. CORNELISON, 224 Iowa 1252 (1938)
278 N.W. 309 LENA CANNY FITCH, Appellee, v. CLYDE JOSEPH CORNELISON et al., Appellants. No. 44332.Supreme Court of Iowa. March 15, 1938. Rehearing Denied June 24, 1938. MORTGAGES: Redemption — stay or appeal forfeits right to redeem. 1 By a stay of execution or an appeal from a foreclosure judgment, whether in the state or […]
ANTES v. CONSUMERS CONS. COAL CO., 203 Iowa 485 (1927)
210 N.W. 767 MARY F. ANTES, Appellee, v. CONSUMERS CONSOLIDATED COAL COMPANY, Appellant. Supreme Court of Iowa. November 16, 1926. Rehearing Denied March 22, 1927. TROVER AND CONVERSION: Identification of Goods — Evidence. In an 1 action against an execution plaintiff for conversion of goods stored in certain “boxes, barrels, and trunks,” and sold in […]
GE MONEY BANK v. MORALES, 773 N.W.2d 533 (Iowa 2009)
GE MONEY BANK, Appellee, v. Maria MORALES, Appellant. No. 08-0427.Supreme Court of Iowa. September 25, 2009. Rehearing Denied October 27, 2009. Appeal from the Iowa District Court, Woodbury County, Steven J. Andreasen, J. Page 534 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]
SCALCO v. SEMI-PRO BASEBALL, 00-0458 (Iowa App. 12-13-2000)
CHRISTEEN SCALCO, Plaintiff-Appellant, vs. DES MOINES SEMI-PRO BASEBALL, an Iowa Corporation, and THE DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT, Defendants-Appellees. No. 0-670 / 00-0458.Court of Appeals of Iowa. Filed December 13, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] [EDITORS’ NOTE: THIS OPINION IS NOT FOR PUBLICATION.]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 […]
LYNCH v. LYNCH, 250 Iowa 407 (1959)
94 N.W.2d 105 JOSEPH LYNCH, JR., appellant, v. MARGARET LYNCH, appellee. No. 49615.Supreme Court of Iowa. January 13, 1959. JUDGMENT: Collateral estoppel — default cases — application 1 of rule. Collateral estoppel is usually not available in default cases; it must appear that the particular matter was considered and passed on in the former suit, […]
FISHER v. BD. OF OPTOMETRY EXAMINERS, 510 N.W.2d 873 (Iowa 1994)
Gary W. FISHER, Appellant, v. IOWA BOARD OF OPTOMETRY EXAMINERS, Appellee, State of Iowa, Intervenor-Appellee. No. 92-1949.Supreme Court of Iowa. January 19, 1994. Rehearing Denied February 21, 1994. APPEAL FROM IOWA DISTRICT COURT, POLK COUNTY, JAMES W. BROWN, J. Page 874 David L. Brown of Hansen, McClintock Riley, Des Moines, for appellant. Mark McCormick of […]
IN RE B.R., 725 N.W.2d 660 (Iowa App. 2006)
IN THE INTEREST OF B.R. and A.R., Minor Children, J.Y., Mother, Appellant. No. 6-855 / 06-1397Court of Appeals of Iowa. October 25, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Marshall County, Victor G. Lathrop, Associate Juvenile Judge. J.Y. appeals from the termination […]
MEDICAL ASSOC. CLINIC v. FIRST NAT. BANK, 440 N.W.2d 374 (Iowa 1989)
MEDICAL ASSOCIATES CLINIC, P.C. and Aetna Casualty Surety Company, Appellants, v. FIRST NATIONAL BANK OF DUBUQUE and Barbara L. Martin, Co-Executors of the Estate of Miles H. Martin, Jr., Deceased, and Barbara L. Martin, Individually and as Surviving Spouse of Miles H. Martin, Jr., Appellees. No. 88-641.Supreme Court of Iowa. May 17, 1989. APPEAL FROM […]
DONAHOE v. GAGEN, 217 Iowa 88 (1933)
250 N.W. 892 E.J. DONAHOE, Appellee, v. FRANK D. GAGEN et al., Appellants. No. 41512.Supreme Court of Iowa. November 14, 1933. PLEADING: Petition — Separate Counts required. A plaintiff who 1 pleads both quantum meruit and express contract in the same count should be compelled, on motion, to separate his cause of action into separate […]
PROCTOR v. WILLIAMSON, 205 Iowa 127 (1928)
215 N.W. 593 J.S. PROCTOR, Appellee, v. W.A. WILLIAMSON et al., Appellants. Supreme Court of Iowa. October 18, 1927. Rehearing Denied January 20, 1928. TAXATION: Deed — Cancellation — Evidence. Evidence held insufficient to show that a mortgagee had, in taking his mortgage, agreed, inter alia, to pay a tax-sale certificate under which he subsequently […]
IN RE MARRIAGE OF JABENS, 797 N.W.2d 624 (Iowa App. 2011)
IN RE THE MARRIAGE OF MEGAN M. JABENS AND PAUL A. JABENS, Upon the Petition of MEGAN M. JABENS, Petitioner-Appellant, And Concerning PAUL A. JABENS, Respondent-Appellee. No. 0-919 / 10-1071.Court of Appeals of Iowa. Filed February 9, 2011. Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge. Megan M. Jabens appeals […]
IN RE CONDEMNATION OF LAND, 687 N.W.2d 103 (Iowa 2004)
In the Matter of the CONDEMNATION OF LAND FOR THE VALLEY VIEW PARK AQUATIC/ROADWAY Project No. 450.390.25.830, Located Generally at 81st Street and Bridgewood Boulevard by the City of West Des Moines, Iowa. City of West Des Moines, Iowa, Appellee, v. Margaret Susan (Mason) Smith, Trustee of the Carroll C. Smith Marital Trust Established Under […]
WINNESHIEK CO. ST. BK. v. DISTRICT COURT, 203 Iowa 1277 (1927)
212 N.W. 391 WINNESHIEK COUNTY STATE BANK, Plaintiff, v. DISTRICT COURT OF ALLAMAKEE COUNTY et al., Defendants. Supreme Court of Iowa. February 15, 1927. Rehearing Denied July 1, 1927. CERTIORARI: When Writ Lies — Review of Order Relative to Interrogatories. The statute (Sec. 11185 et seq., Code of 1924) relative to the right to attach […]
IN INTEREST OF F.H., 509 N.W.2d 505 (Iowa App. 1993)
In the Interest of F.H., A Child. Department of Human Services, Appellant. No. 93-176.Court of Appeals of Iowa. October 28, 1993. APPEAL FROM DISTRICT COURT, POLK COUNTY, LARRY J. EISENHAUER, JUVENILE COURT REFEREE. Page 506 Bonnie J. Campbell, Atty. Gen., John M. Parmeter, Sp. Asst. Atty. Gen., and Charles K. Phillips, Asst. Atty. Gen., for […]
IN RE MARRIAGE OF FOUTS, 03-0631 (Iowa App. 9-24-2003)
IN RE THE MARRIAGE OF TANYA JO FOUTS and DEAN LAMAR FOUTS Upon the Petition of TANYA JO FOUTS, Petitioner-Appellant, And Concerning DEAN LAMAR FOUTS, Respondent-Appellee. No. 3-658 / 03-0631Court of Appeals of Iowa. Filed September 24, 2003 Appeal from the Iowa District Court forHardin County, Carl D. Baker, Judge. Tanya Fouts appeals from the […]
FALADA v. TRINITY INDUSTRIES, INC., 642 N.W.2d 247 (Iowa 2002)
BETTY FALADA, Executor of the Estate of James Falada, Deceased, Appellant, v. TRINITY INDUSTRIES, INC., Appellee. No. 6 / 99-1945.Supreme Court of Iowa. Filed February 27, 2002. Appeal from the Iowa District Court for Dubuque County, ALAN L. PEARSON, Judge. Plaintiff in wrongful death case appeals from summary judgment entered for defendant. REVERSED AND REMANDED. […]
SMITH v. CITY OF SIOUX CITY, 200 Iowa 1100 (1925)
205 N.W. 956 CHRISTINE SMITH, Appellant, v. CITY OF SIOUX CITY, Appellee. Supreme Court of Iowa. November 24, 1925. EVIDENCE: Opinion Evidence — “Safe Condition.” A witness should 1 not be permitted to testify that a walk was “ordinarily clean” when such condition is the crux of the issue before the jury. APPEAL AND ERROR: […]
IN RE D.B., 752 N.W.2d 35 (Iowa App. 2008)
In re D.B. No. 08-0262.Court of Appeals of Iowa. April 9, 2008. [EDITORS’ NOTE: THE PUBLICATION STATUS OF THIS OPINION HAS NOT BEEN DETERMINED. THE PRECEDENTIAL VALUE OF CASES WHICH ARE NOT YET PUBLISHED IS GOVERNED BY IOWA CT. R. 6.14 (5).] Appeal from the Iowa District Court for Linn County, Barbara H. Liesveld, District […]
WHITNEY v. KRASNE, 209 Iowa 236 (1929)
225 N.W. 245 ALPA M. WHITNEY et al., Appellants, v. JAKE KRASNE et al., Appellees. No. 38887.Supreme Court of Iowa. May 7, 1929. Rehearing Denied November 25, 1929. PRINCIPAL AND AGENT: Authority — Agent’s Authority to Receive 1 Payment on Note. The maker of a promissory note who makes payment to someone other than the […]