208 N.W. 499 M.S. DOWNEY et al., Appellees, v. ANNA PHELPS et al., Appellants. Supreme Court of Iowa. April 6, 1926. WATERS AND WATERCOURSES: Surface Waters — Interference by Dikes — Burden of Proof. The maintenance of a dike along lands for the purpose of warding off backwater from a river may not be enjoined […]
Category: Iowa Court Opinions
IN RE MARRIAGE OF OLER, 451 N.W.2d 9 (Iowa App. 1989)
In re the MARRIAGE OF Wayne Dean OLER and Beverly Joyce Oler. Upon the Petition of Wayne Dean Oler, Appellant, And Concerning Beverly Joyce Oler, Appellee. No. 89-379.Court of Appeals of Iowa. November 27, 1989. APPEAL FROM IOWA DISTRICT COURT, BLACK HAWK COUNTY, JOSEPH C. KEEFE, J. Page 10 Curtis J. Klatt, Dunakey Klatt, Waterloo, […]
JOHNSON v. VAN WERDEN, 255 Iowa 1285 (1964)
125 N.W.2d 782 JAMES M. JOHNSON et ux., appellants, v. BENJAMIN D. VAN WERDEN, M.D., et al., appellees. No. 51118.Supreme Court of Iowa. January 14, 1964. PHYSICIANS AND SURGEONS: Treatments causing side effects — 1 common knowledge. It is common knowledge that certain treatments by a physician necessary to accomplish a major purpose may produce […]
STATE v. RAND, 239 Iowa 551 (1948)
32 N.W.2d 79 STATE OF IOWA, Appellant, v. PETER ALPHONSA RAND, Appellee. No. 47118.Supreme Court of Iowa. April 6, 1948. CRIMINAL LAW: Parole power of court — jurisdiction — defendant 1 previously convicted of felony. In the absence of fraud, a suspension of jail sentence and parole of defendant by the court imposing sentence, pursuant […]
IN THE INTEREST OF S.C.P., 00-1080 (Iowa App. 7-18-2001)
IN THE INTEREST OF S.C.P., a/k/a S.C.J., Minor Child, M.C.P., Mother, Appellant. No. 1-397 / 00-1080Court of Appeals of Iowa. Filed July 18, 2001 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Jefferson County, William S. Owens, Associate Juvenile Judge. A mother appeals the […]
BURDS v. CITY OF DUBUQUE, 771 N.W.2d 653 (Iowa App. 2009)
Burds v. City of Dubuque. No. 08-0571.Court of Appeals of Iowa. May 29, 2009. Appeal from the Iowa District Court for Dubuque County, Lawrence H. Fautsch, Judge. The City of Dubuque appeals, and the plaintiffs cross-appeal, from the district court’s ruling on their motions for summary judgment. AFFIRMED. Barry A. Lindahl, Dubuque, for appellants. Michael […]
IN THE MATTER OF ROUW, 00-1439 (Iowa App. 4-24-2002)
IN THE MATTER OF THE ESTATE OF VERNA B. ROUW, Deceased, VERLAN E. ROUW, Appellant, v. ESTATE OF VERNA B. ROUW and EMERY ROUW, as Executor of the Estate of VERNA B. ROUW, and EMERY ROUW, Individually, Appellees. No. 1-769 / 00-1439,Court of Appeals of Iowa. Filed April 24, 2002. Appeal from the Iowa District […]
SQUEALER FEEDS v. PICKERING, 530 N.W.2d 678 (Iowa 1995)
SQUEALER FEEDS and Liberty Mutual Insurance Company, Appellants, v. Robert PICKERING and Division of Industrial Services, Appellees. No. 94-17.Supreme Court of Iowa. April 26, 1995. APPEAL FROM DISTRICT COURT, POLK COUNTY, GEORGE BERGESON, J. Page 679 EDITORS’ NOTE: THIS PAGE CONTAINED HEADNOTES AND HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]
PRUDENTIAL INS. CO. v. SOLOTH, 225 Iowa 172 (1938)
279 N.W. 399 PRUDENTIAL INSURANCE COMPANY of America, Appellee, v. HANS P. SOLOTH et al., Appellants. No. 44182.Supreme Court of Iowa. May 3, 1938. MORTGAGES: Moratorium — subsequent extension — timely 1 application preserving jurisdiction. Trial court has jurisdiction to hear an application for further extension of the period of redemption under the moratorium act […]
TORNQUIST v. STATE, 710 N.W.2d 545 (Iowa App. 2005)
MICHAEL TORNQUIST, Petitioner-Appellant, v. STATE OF IOWA, Respondent-Appellant. No. 5-656 / 03-0351Court of Appeals of Iowa. Filed December 21, 2005 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge. Michael Tornquist appeals from the district court’s dismissal of his […]
IN INTEREST OF K.P., 11-0909 (Iowa App. 8-10-2011)
IN THE INTEREST OF K.P., Minor Child, A.P., Mother, Appellant. No. 1-612 / 11-0909Court of Appeals of Iowa. Filed August 10, 2011 [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 […]
IN RE MARRIAGE OF WOODLEY, 474 N.W.2d 815 (Iowa App. 1991)
In re the MARRIAGE OF Ginger Karlene WOODLEY and Gregory G. Woodley, Upon the Petition of Ginger Karlene Woodley, Petitioner-Appellee, And Concerning Gregory G. Woodley, Respondent-Appellee, And Concerning Madonna Woodley, Intervenor-Appellant. No. 90-954.Court of Appeals of Iowa. July 26, 1991. APPEAL FROM DISTRICT COURT FOR DALLAS COUNTY, PETER A. KELLER, J. Page 816 Thomas P. […]
KUEHL v. THE ESTATE OF MEYER, 01-0330 (Iowa App. 12-12-2001)
RANDALL L. KUEHL and NANCY J. KUEHL, Plaintiffs-Appellants, v. THE ESTATE OF HENRY C. MEYER, AMY BROSH, as Executor of the Estate of Henry C. Meyer, PETERSEN REALTY CO., and MERLIN CONRAD, Defendants-Appellees. No. 1-808 / 01-0330.Court of Appeals of Iowa. Filed December 12, 2001. Appeal from the Iowa District Court for Cedar County, NANCY […]
HULBURD v. EBLEN, 239 Iowa 1060 (1948)
33 N.W.2d 825 LLOYD P. HULBURD, Appellant, v. IMO EBLEN, Administratrix of estate of FRANK EBLEN, and EBLEN CONSTRUCTION COMPANY, Appellees. No. 47259.Supreme Court of Iowa. September 24, 1948. MOTOR VEHICLES: Injuries from operation or use of highway — 1 action — jurisdiction and venue — section 616.18, C., ’46. The statute permitting motor vehicle […]
FORESTERS v. SCOTT, 223 Iowa 105 (1937)
272 N.W. 68 INDEPENDENT ORDER OF FORESTERS, Petitioner, v. WILLIAM W. SCOTT, JUDGE, et al., Respondents. No. 43213.Supreme Court of Iowa. March 16, 1937. CERTIORARI: Nature and grounds — essential purpose of writ. On 1 certiorari to review an order of the district court relative to the production of books and papers, the sole inquiry […]
WEISZ v. MOORE, 222 Iowa 492 (1936)
269 N.W. 443 PETER WEISZ, Appellant, v. L.W. MOORE et al., Appellees. No. 42587.Supreme Court of Iowa. March 10, 1936. Supplemental Opinion On Petition For Rehearing, And Rehearing Denied October 29, 1936. LIMITATION OF ACTIONS: Computation of period — dismissal — 1 right to re-commence action. A plaintiff who voluntarily dismisses his action without prejudice […]
SHAW v. ADDISON, 236 Iowa 720 (1945)
18 N.W.2d 796 LOUISE DURO SHAW, Appellee, v. EVELYN IRENE DURO ADDISON, Executrix (and individually), Appellants. No. 46675.Supreme Court of Iowa. May 8, 1945. Rehearing Denied September 22, 1945. JUDGMENT: Petition to vacate — sections 12787 et seq., C., ’39 1 — Rules 252 and 253, Rules of Civil Procedure. In a case where a […]
SAUER v. SCOTT, 238 N.W.2d 339 (Iowa 1976)
Carlos SAUER, Appellant, v. Thomas L. SCOTT, Appellee. No. 2-56697.Supreme Court of Iowa. January 21, 1976. APPEAL FROM BENTON DISTRICT COURT, ANSEL J. CHAPMAN, J. Page 340 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 341 John D. Randall, Cedar Rapids, for […]
SMITH v. HOLLOWELL, 216 Iowa 1219 (1933)
250 N.W. 646 FLOYD E. SMITH et al., Appellants, v. T.P. HOLLOWELL, Appellee. No. 41803.Supreme Court of Iowa. October 17, 1933. HABEAS CORPUS: Jurisdiction — Insufficient Petition. A writ of habeas corpus is properly denied when the petition therefor fails to state the matters mandatorily required by the statute. Appeal from Lee District Court. — […]
PASCOE v. FRANKLIN COUNTY ST. BK., 217 Iowa 205 (1933)
251 N.W. 63 VERN PASCOE, Appellee, v. FRANKLIN COUNTY STATE BANK, Appellant, E.J. KNOLL et al., Defendants. No. 42073.Supreme Court of Iowa. November 21, 1933. BANKS AND BANKING: Functions and Dealings — Bank’s Obligation on Depositor’s Check. A bank which agrees to pay checks issued from time to time by an insolvent live stock dealer, […]