239 N.W. 572 STATE OF IOWA, Appellee, v. FRANCIS GUSTOFF, Appellant. No. 40999.Supreme Court of Iowa. December 17, 1931. CRIMINAL LAW: Motion for New Trial — Untoward Episode Requiring New Trial. A new trial must be granted in a criminal case tried before a jury when the county attorney, during the cross-examination of the accused […]
Category: Iowa Court Opinions
STATE v. HICKMAN, 99-1576 (Iowa App. 10-25-2000)
STATE OF IOWA, Plaintiff-Appellee, v. DEE DANIEL HICKMAN, Defendant-Appellant. No. 0-489 / 99-1576Court of Appeals of Iowa. Filed October 25, 2000 Appeal from the Iowa District Court for Scott County, James E. Kelley, Judge. Dee Hickman appeals from the judgment and sentence entered upon his convictions for first-degree robbery and willful injury. AFFIRMED. Linda Del […]
RAINBO OIL CO. v. McCARTHY IMP. CO., 212 Iowa 1186 (1931)
238 N.W. 46 RAINBO OIL COMPANY, Appellee, v. McCARTHY IMPROVEMENT COMPANY et al., Appellants. No. 40656.Supreme Court of Iowa. April 10, 1931. Rehearing Denied September 26, 1931. MECHANICS’ LIENS: Quasi-Mechanics’ Liens — Public Improvement — Use of Materials — Burden of Proof. A subcontractor on a public improvement is not entitled to have his claim […]
STATE v. HOLDERNESS, 191 N.W.2d 642 (Iowa 1971)
STATE of Iowa, Appellee, v. Laurence Paul HOLDERNESS, Appellant. No. 54407.Supreme Court of Iowa. November 11, 1971. Rehearing Denied January 12, 1972. APPEAL FROM JOHNSON DISTRICT COURT, HAROLD D. VIETOR, J. Page 643 Willard M. Freed, Iowa City, for appellant. Richard C. Turner, Atty. Gen. Michael J. Laughlin, Asst. Atty. Gen., and John Hayek, Asst. […]
MEAD, BAYES MEAD v. PALMER, 228 Iowa 622 (1940)
292 N.W. 821 MEAD, BAYES MEAD, Appellant, v. GLEN PALMER, Appellee. No. 45145.Supreme Court of Iowa. June 18, 1940. ANIMALS: Sheep kept under contract — proper care — jury 1 question. In a replevin action to recover sheep which had been furnished by the plaintiff under a contract by which the defendant was to feed […]
JOHNSON v. MILLER, 270 N.W.2d 624 (Iowa 1978)
Zona JOHNSON, Petitioner, v. Theodore H. MILLER, Judge of the Fifth Judicial District of Iowa, Respondent. No. 60537.Supreme Court of Iowa. October 18, 1978. Rehearing Denied November 17, 1978. APPEAL FROM POLK DISTRICT COURT, THEODORE H. MILLER, J. Page 625 Joseph L. Marks of Marks, Flagg, Hockett Marks and Gordon E. Allen, Des Moines, for […]
BOONE BIBLICAL COLLEGE v. FORREST, 223 Iowa 1260 (1938)
275 N.W. 132 BOONE BIBLICAL COLLEGE, Plaintiff, Appellee, v. L.S. FORREST, Defendant, Appellant, CHARLES OTIS et al., Interpleaders, Appellees. No. 43932.Supreme Court of Iowa. September 28, 1937. Rehearing Denied January 14, 1938. PLEADING: Prior adjudication — pleading prerequisite to proof. 1 A prior adjudication must be pleaded before evidence thereof is admissible. Rule applicable to […]
BRIAR CLIFF COLLEGE v. CAMPOLO, 360 N.W.2d 91 (Iowa 1984)
BRIAR CLIFF COLLEGE and United States Fidelity Guaranty Company, Appellants, v. Lois CAMPOLO, Surviving Spouse of Charles Campolo, and Dependent Minor Children, Appellees. BRIAR CLIFF COLLEGE and United States Fidelity Guaranty Company, Plaintiffs, v. IOWA DISTRICT COURT In and For WOODBURY COUNTY, Honorable J.P. Kelley, Judge, Defendant. Nos. 83-1460, 84-78.Supreme Court of Iowa. December 19, […]
SHORTRIDGE v. STATE, 478 N.W.2d 613 (Iowa 1991)
Montez SHORTRIDGE, Appellant, v. STATE of Iowa, Appellee. No. 90-1527.Supreme Court of Iowa. December 24, 1991. APPEAL FROM DISTRICT COURT FOR LEE COUNTY, JOHN C. MILLER, J. Page 614 Philip B. Mears, Iowa City, for appellant. Bonnie J. Campbell, Atty. Gen., and Kristin W. Ensign, Asst. Atty. Gen., for appellee. Considered by McGIVERIN, C.J., and […]
McEVOY v. COOPER, 208 Iowa 649 (1929)
226 N.W. 13 ANN McEVOY, Plaintiff, v. W.S. COOPER, Judge, et al., Respondents. No. 39694.Supreme Court of Iowa. June 24, 1929. VENUE: Change of — Fraud in Contract. An action to quiet title 1 under a trust deed, brought in a county in which part of the land is situated, is not transferable to the […]
STATE v. STONEROOK, 728 N.W.2d 223 (Iowa App. 2007)
State v. Stonerook. No. 05-1917.Court of Appeals of Iowa. December 28, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Appeal from the Iowa District Court for Mills County, James S. […]
WILLIAMS v. MASON CITY FT. D.R. CO., 205 Iowa 446 (1928)
214 N.W. 692 ANNA WILLIAMS, Appellee, v. MASON CITY FORT DODGE RAILWAY COMPANY et al., Appellants. Supreme Court of Iowa. July 1, 1927. Rehearing Denied February 17, 1928. RAILROADS: Accidents at Crossings — Contributory Negligence. 1 Record relative to the conduct, conditions, and circumstances attending an injured party at a railroad crossing reviewed, and held, […]
IN RE D.M., 728 N.W.2d 61 (Iowa App. 2006)
In re D.M. No. 06-1426.Court of Appeals of Iowa. November 30, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Scott County, John G. Mullen, District Associate Judge. A mother and a father each appeal from a juvenile court order terminating their parental rights. […]
PIERCE v. GRUBEN, 237 Iowa 329 (1946)
21 N.W.2d 881 ANNE E. PIERCE, Appellee, v. MERLE F. GRUBEN et al., Appellants. No. 46750.Supreme Court of Iowa. March 5, 1946. NEGLIGENCE: Assumption of risk — failure to submit. In a case 1 involving a claim for damages alleged to have been caused by a tombstone falling against the plaintiff, who at the time […]
STATE v. SEREG, 229 Iowa 1105 (1941)
296 N.W. 231 STATE OF IOWA, Appellee, v. ALBERT SEREG, Appellant. No. 45546.Supreme Court of Iowa. February 11, 1941. Rehearing Denied May 9, 1941. CRIMINAL LAW: No notice under Rule 32 — brief and argument 1 stricken — case considered on clerk’s transcript. Where a criminal appellant serves no notice under Rule 32 of his […]
WILLIAM C. BROWN CO. v. GENERAL AMERICAN, 450 N.W.2d 867 (Iowa 1990)
WILLIAM C. BROWN COMPANY, Publisher’s Employees’ Medical Plan Trust, Robert W. Chesterman, Trustee, Appellees, v. GENERAL AMERICAN LIFE INSURANCE COMPANY, Appellant, and First National Bank of Dubuque, Iowa, Conservator for Cynthia Nichols, Defendant. No. 89-54.Supreme Court of Iowa. January 24, 1990. Rehearing Denied February 16, 1990. APPEAL FROM DISTRICT COURT, DUBUQUE COUNTY, ALAN L. PEARSON, […]
ROBCO TRANSP., INC. v. RITTER, 356 N.W.2d 497 (Iowa 1984)
ROBCO TRANSPORTATION, INC., Appellant, v. Larry R. RITTER, Appellee. No. 83-915.Supreme Court of Iowa. October 17, 1984. APPEAL FROM DISTRICT COURT, POLK COUNTY, J.P. DENATO, J. David L. Davitt of Myers, Knox Hart, Des Moines, for appellant. Kermit L. Dunahoo, Des Moines, for appellee. Considered en banc. REYNOLDSON, Chief Justice. The underlying controversy in this […]
STATE v. MOOREHEAD, 699 N.W.2d 667 (Iowa 2005)
STATE of Iowa, Appellee, v. Joshua Paul MOOREHEAD, Appellant. No. 03-1904.Supreme Court of Iowa. April 1, 2005. Rehearing Denied July 11, 2005. Appeal from the District Court, Cerro Gordo County, Carlynn D. Grupp, District Associate Judge, Gilbert K. Bovard, J. Page 668 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]
HERMAN FORD-MERCURY, INC. v. BETTS, 251 N.W.2d 492 (Iowa 1977)
HERMAN FORD-MERCURY, INC., Appellee, v. Glenn BETTS and Duane Betts, Appellants. No. 58131.Supreme Court of Iowa. March 16, 1977. APPEAL FROM CARROLL DISTRICT COURT, A.J. BRAGINTON, J. Page 493 Warren L. Bush, Wall Lake, for appellants. William G. Polking, Carroll, for appellee. Heard before MOORE, C.J., and MASON, RAWLINGS, LeGRAND and UHLENHOPP, JJ. MASON, Justice. […]
MULHALL v. PFANNKUCH, 206 Iowa 1139 (1928)
221 N.W. 833 MARY MULHALL, Appellant, v. F.H. PFANNKUCH et al., Appellees. Supreme Court of Iowa. November 13, 1928. SCHOOLS AND SCHOOL DISTRICTS: Teachers — Employment — Legality. 1 The official action of a board of school directors in authorizing each subdirector to employ in his subdistrict the teacher of his choice necessarily constitutes no […]