STATE OF IOWA, Plaintiff-Appellee, v. BRION CHARLES SCHAEFER, Defendant-Appellant. No. 1-013 / 09-0586.Court of Appeals of Iowa. Filed March 7, 2011. Appeal from the Iowa District Court for Black Hawk County, Nathan A. Callahan, District Associate Judge. Brion Charles Schaefer appeals his conviction for indecent contact with a child. AFFIRMED. Mark C. Smith, State Appellate […]
Category: Iowa Court Opinions
HALTER v. IOWA BD. OF EDUCATIONAL EXAMINERS, 698 N.W.2d 337 (Iowa App. 2005)
DIANE ELIZABETH HALTER, Petitioner-Appellant, v. IOWA BOARD OF EDUCATIONAL EXAMINERS, Respondent-Appellee. No. 5-208 / 04-0427Court of Appeals of Iowa. Filed April 28, 2005 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Polk County, Robert Blink, Judge. A teacher appeals from a district court ruling […]
IN RE THE MARRIAGE OF RANK, 02-1760 (Iowa App. 8-27-2003)
IN RE THE MARRIAGE OF MARTHA J. RANK and RANDY L. RANK. Upon the Petition of MARTHA J. RANK, Petitioner-Appellee, And Concerning RANDY L. RANK, Respondent-Appellant. No. 3-336 / 02-1760Court of Appeals of Iowa. Filed August 27, 2003 Appeal from the Iowa District Court for Mahaska County, E. Richard Meadows, Jr., Judge. Randy Rank appeals […]
WARDLOW v. CITY OF KEOKUK, 190 N.W.2d 439 (Iowa 1971)
Charles WARDLOW, Father of Steven D. Wardlow, a Minor and Deceased, Appellant, v. CITY OF KEOKUK, Iowa, Appellee. Charles WARDLOW, Father of Sheri Lynn Wardlow, a Minor and Deceased, Appellant, v. CITY OF KEOKUK, Iowa, Appellee. Noel J. PAGITT and Mary Jo Pagitt, Individually and as natural parents of Randall Lee Pagitt, Deceased, Appellants, v. […]
SUTTON v. MORELAND, 214 Iowa 337 (1932)
242 N.W. 75 JOHN SUTTON, Appellee, v. C.G. MORELAND, Appellant. No. 41084.Supreme Court of Iowa. April 5, 1932. TRIAL: Instructions — Unrevealed Theory of Accident. A theory 1 not brought to the attention of the court need not, of course, be covered by the instructions. APPEAL AND ERROR: Review, Scope of — Harmless Error — […]
ROADWAY EXP., INC. v. PIEKENBROCK, 306 N.W.2d 784 (Iowa 1981)
ROADWAY EXPRESS, INC., Plaintiff, v. Roger PIEKENBROCK and Orietta Dolter, Defendants. No. 65559.Supreme Court of Iowa. June 17, 1981. APPEAL FROM UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF IOWA, EDWARD J. McMANUS, J. Richard S. Fry and Richard C. Garberson of Shuttleworth Ingersoll, Cedar Rapids, for plaintiff. John D. Randall, Jr., Cedar Rapids, for defendants. […]
COEN CONWAY v. SCOTT COUNTY SAV. BANK, 205 Iowa 483 (1928)
218 N.W. 325 COEN CONWAY, Appellant, v. SCOTT COUNTY SAVINGS BANK et al., Appellees. Supreme Court of Iowa. March 6, 1928. APPEAL AND ERROR: Review — Scope and Extent — Dismissal of 1 Equitable Action on Plaintiff’s Testimony — Effect. It is not true, in an equity case submitted solely on plaintiff’s testimony, that the […]
COTA PLASTERING CO. v. MOORE, 247 Iowa 972 (1956)
77 N.W.2d 475 THE S.D. D.L. COTA PLASTERING COMPANY, appellee, v. RICHARD L. MOORE et ux., appellants. No. 48917.Supreme Court of Iowa. June 19, 1956. MECHANICS’ LIENS: Foreclosure — pleading express contract 1 precludes recovery on quantum meruit. Plaintiff, having predicated an action upon an express contract, may not recover on quantum meruit. CONTRACTS: Building […]
ROBESON v. DILTS, 170 N.W.2d 408 (Iowa 1969)
Leatrice ROBESON, Administrator of the Estate of Edward D. Robeson, Deceased, Appellee, v. Clifford DILTS and Kenneth Earl Brockman, Appellants. No. 53430.Supreme Court of Iowa. September 5, 1969. APPEAL FROM WEBSTER DISTRICT COURT, A.J. BRAGINTON, J. Page 409 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]
KEYSTONE GROUP v. DAVIS, 771 N.W.2d 653 (Iowa App. 2009)
Keystone Group v. Davis . No. 08-1541.Court of Appeals of Iowa. May 29, 2009. Appeal from the Iowa District Court for Polk County, Carol S. Egly, District Associate Judge. A mother appeals from the juvenile court’s order terminating her parental rights to her daughter.AFFIRMED. Nancy Pietz, Des Moines, for appellant mother. Thomas J. Miller, Attorney […]
IN RE THE MARRIAGE OF WERTZ, 492 N.W.2d 711 (Iowa App. 1992)
In re the MARRIAGE OF Michael Lynn WERTZ and Susan Marie Wertz. Upon the Petition of Michael Lynn Wertz, Appellant/Cross-Appellee, And Concerning Susan Marie Wertz, Appellee/Cross-Appellant. No. 91-939.Court of Appeals of Iowa. September 29, 1992. APPEAL FROM DISTRICT COURT, CHICKASAW COUNTY, PETER VAN METRE, SENIOR JUDGE. Page 712 Frances L. Gohlke of Carney Gohlke, Waverly, […]
CITY OF MASON CITY v. ZERBLE, 250 Iowa 102 (1958)
93 N.W.2d 94 CITY OF MASON CITY, appellant, v. E.L. ZERBLE, appellee. No. 49595.Supreme Court of Iowa. November 18, 1958. MUNICIPAL CORPORATIONS: Creatures of legislature — powers 1 exercised. Municipal corporations are wholly creatures of the legislature and possess and can exercise only powers expressly granted by the legislature, or those necessarily implied in or […]
IN RE H.W., 711 N.W.2d 733 (Iowa App. 2006)
IN THE INTEREST OF H.W. and T.W., Minor Children. L.W., Mother, Appellant. D.W., Grandmother, Appellant. No. 5-976 / 05-1859Court of Appeals of Iowa. Filed January 19, 2006 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Des Moines County, Michael G. Dieterich, District Associate Judge. […]
IN RE ESTATE OF SCHOLBROCK, 224 Iowa 593 (1938)
277 N.W. 5 IN RE ESTATE OF CLEMENS SCHOLBROCK. No. 43874.Supreme Court of Iowa. January 11, 1938. APPEAL AND ERROR: Presentation of grounds of review — 1 prerequisite for appeal. A ruling and exception thereto in the lower court, or a showing of a request for a ruling and a refusal, are necessary prerequisites to […]
GOBEN v. AKIN, 208 Iowa 1354 (1929)
227 N.W. 400 C.T. GOBEN, Appellee, v. F.O. AKIN, Appellant. No. 39750.Supreme Court of Iowa. November 12, 1929. VENUE: Nonresident — Construction of Highway. Subgrading a 1 street preparatory to putting down curbing and guttering constitutes “construction of a highway improvement,” within the meaning of Sec. 11042, Code of 1927, and the contractor is suable […]
IN THE INTEREST OF P.L.H., 662 N.W.2d 372 (Iowa App. 2003)
IN THE INTEREST OF P.L.H., Minor Child, P.L. H., Mother, Appellant. No. 2-1059 / 02-1955Court of Appeals of Iowa. Filed January 29, 2003 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Linn County, Nancy A. Baumgartner, Associate Juvenile Judge. A mother appeals the termination […]
IN MATTER OF IOWA COURT RULE 22.9 (Iowa 4-9-2003)
IN THE MATTER OF IOWA COURT RULE 22.9 Supreme Court of Iowa. Filed April 9, 2003 ORDER By action of this court en banc, Iowa Court Rule 22.9 is amended, effective immediately, as shown in attached exhibit “A.” Dated this 9th day of April, 2003. THE SUPREME COURT OF IOWA By /s/ Louis A. Lavorato […]
STATE v. LARSON, 715 N.W.2d 771 (Iowa App. 2006)
STATE OF IOWA, Plaintiff-Appellee, v. STEVEN SCOTT LARSON, Defendant-Appellant. No. 6-187 / 05-0526Court of Appeals of Iowa. Filed April 12, 2006 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Woodbury County, Robert C. Clem, Judge. Steven Larson appeals from his conviction for operating while […]
WUNDER v. SCHRAM, 217 Iowa 920 (1934)
251 N.W. 762 F.F. WUNDER, Plaintiff, Appellant, v. N.W. SCHRAM et al., Defendants, Appellees; FARMERS TRUST AND SAVINGS BANK of Earling, Intervenor, Appellee. No. 41737.Supreme Court of Iowa. December 5, 1933. Rehearing Denied April 5, 1934. LANDLORD AND TENANT: Rent and Advances — Lien — Waiver by 1 taking General Judgment. The plaintiff in landlord’s […]
TSCHIRGI v. MERCHANTS NATIONAL BANK, 253 Iowa 682 (1962)
113 N.W.2d 226 ANTHONY TSCHIRGI and RUTH TSCHIRGI BERRY, appellants, v. MERCHANTS NATIONAL BANK OF CEDAR RAPIDS, as executor of will of Grace F. Tschirgi, deceased, appellee. No. 50497.Supreme Court of Iowa. February 6, 1962. SPECIFIC PERFORMANCE: Option to purchase corporate stock — not 1 breached by a subsequent suit to recover undisclosed assets of […]