259 N.W. 115 DAVID WARREN, Appellee, v. CHICAGO, BURLINGTON QUINCY RAILROAD COMPANY, Appellant. No. 42644.Supreme Court of Iowa. March 5, 1935. RAILROADS: Operation — Accidents at Crossings — Negligence — 1 Evidence. Evidence reviewed in law action for damages tried to the court alone, and held to support a finding of negligence in the maintenance […]
Category: Iowa Court Opinions
MUNOZ v. BRALAND, 09-0011 (Iowa App. 10-7-2009)
MATTHEW MUNOZ, Plaintiff-Appellant, v. SAMUEL H. BRALAND, in his Capacity as Personal Representative of the Estate of Bruce J. Murphy, Defendant-Appellee. No. 9-598 / 09-0011Court of Appeals of Iowa. Filed October 7, 2009 [EDITORS’ NOTE: THE PUBLICATION STATUS OF THIS OPINION HAS NOT BEEN DETERMINED. THE PRECEDENTIAL VALUE OF CASES WHICH ARE NOT YET PUBLISHED […]
IN RE H.S., 728 N.W.2d 854 (Iowa 2007)
In re H.S. No. 06-1970.Supreme Court of Iowa. January 31, 2007. Appeal from the Iowa District Court for Clinton County, Arlen J. Van Zee, District Associate Judge. A father appeals from the order terminating his parental rights to his daughter. AFFIRMED. Robert J. McGee of Robert J. McGee, P.C., Clinton, for appellant. Thomas J. Miller, […]
BROWN v. BROWN, 232 Iowa 1265 (1943)
8 N.W.2d 414 DONALD L. BROWN, Appellant, v. MARIAN BROWN, Appellee. No. 46233.Supreme Court of Iowa. March 9, 1943. DIVORCE: Separate maintenance. A husband sued for a divorce and 1 the wife filed a cross-bill for separate maintenance. The case being triable de novo on appeal, the facts are reviewed and it is held that […]
GENERAL MILLS v. MARTIN, 760 N.W.2d 208 (Iowa App. 2008)
General Mills v. Martin. No. 07-1982.Court of Appeals of Iowa. November 13, 2008. Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge. Former employee appeals and employer cross-appeals from the ruling on judicial review from employee’s workers’ compensation action. AFFIRMED. Thomas M. Wertz and Matthew D. Dake of Wertz Law Firm, […]
HUPP v. DOOLITTLE, 226 Iowa 814 (1939)
285 N.W. 247 FRED E. HUPP, Appellee, v. KERMIT DOOLITTLE et al., Appellants. No. 44588.Supreme Court of Iowa. April 4, 1939. WORDS AND PHRASES: “Intersection” of highways — definition. In 1 a damage action arising from a collision of motor vehicles at a highway intersection, where the question of negligence centered largely around the rights […]
SMITH v. SMITH, 239 Iowa 896 (1948)
32 N.W.2d 662 HELEN MARGARET SMITH, Appellee, v. LESLIE WALTER SMITH, Appellant. No. 47246.Supreme Court of Iowa. June 15, 1948. DIVORCE: Support of children — modification of decree — husband’s acquisition of inheritance. Under the circumstances shown the acquisition of a $3,000 inheritance by a divorced husband was such a material change of conditions as […]
IN RE ESTATE OF FARIS, 159 N.W.2d 417 (Iowa 1968)
In the Matter of the ESTATE of Addie E. FARIS, Deceased. No. 53018.Supreme Court of Iowa. June 11, 1968. APPEAL FROM HARDIN DISTRICT COURT, HARVEY UHLENHOPP, J. Page 418 Whitesell Law Firm, Iowa Falls, for appellants Everett and Edna Lyman. Lundy, Butler, Wilson Hall, Eldora, for appellee, Gladys L. Worrell. SNELL, Justice. This is a […]
PARROTT v. CHASE, 00-2008 (Iowa App. 2-6-2002)
RICHARD E. PARROTT,Individually and as the next friend of TYLER DANE PARROT, Plaintiff-Appellant, v. JAMES CHASE, Defendant, and HASSENFRITZ CO.,an Iowa Corporation, Appellee. No. 1-665 / 00-2008.Court of Appeals of Iowa. Filed February 6, 2002. Appeal from the Iowa District Court for Des Moines County, CYNTHIA DANIELSON, Judge. The plaintiff appeals the district court’s grant […]
STATE v. WHITE, 668 N.W.2d 850 (Iowa 2003)
STATE OF IOWA, Appellee, v. LARRY DEAN WHITE, Appellant. No. 98 / 02-0919Supreme Court of Iowa. Filed September 4, 2003 Appeal from the Iowa District Court for Franklin County, Stephen F. Carroll, Judge. Larry White appeals his convictions and sentences for first-degree kidnapping and first-degree burglary. AFFIRMED. Page 851 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]
IN RE J.B., 797 N.W.2d 618 (Iowa App. 2011)
In the Interest of J.B., Minor Child, K.B., Mother, Appellant, W.M.B., Father, Appellant. No. 11-0232.Court of Appeals of Iowa. April 27, 2011. Appeal from the District Court, Muscatine County, Gary P. Strausser, J. Sara Strain Linder of Tindal Law Office, P.L.C., Washington, for appellant mother. Timothy K. Wink of Schweitzer Wink, Columbus Junction, for appellant […]
STATE v. SPECK, 242 N.W.2d 287 (Iowa 1976)
STATE of Iowa, Appellee, v. John Lee SPECK, Appellant. No. 58620.Supreme Court of Iowa. May 19, 1976. APPEAL FROM POLK DISTRICT COURT, THOMAS S. BOWN AND JOHN N. HUGHES, JJ. Page 288 James M. Sullivan, Des Moines, for appellant. Richard C. Turner, Atty. Gen., Michael W. Coriden, Asst. Atty. Gen., Ray A. Fenton, County Atty., […]
STATE v. SMITH, 282 N.W.2d 138 (Iowa 1979)
STATE of Iowa, Appellee, v. James Milton SMITH, Appellant (two cases). Nos. 62414, 62415.Supreme Court of Iowa. August 29, 1979. APPEAL FROM SCOTT DISTRICT COURT, C.H. PELTON, J. Page 139 Michael J. Pitton, of Carlin Darbyshire, P.C., Davenport, for appellant. Thomas J. Miller, Atty. Gen., Thomas McGrane and Lona J. Hansen, Asst. Attys. Gen., for […]
IN RE ESTATE OF COCKLIN, 232 Iowa 266 (1942)
5 N.W.2d 577 IN RE ESTATE OF LEWIS A. COCKLIN. No. 45998.Supreme Court of Iowa. September 22, 1942. TRIAL: Will contest — opening and closing argument — discretion 1 of court. In a will contest where no issue was made as to the execution of the will and the only questions involved were as to […]
ESTATE OF RANDALL v. McKIBBEN, 191 N.W.2d 693 (Iowa 1971)
ESTATE of Eva RANDALL, Deceased, Clarance L. Randall, Jr., Executor of the Estate of Eva Randall, Deceased, Plaintiff-Appellee and Cross-Appellant, v. Alma McKIBBEN et al., Defendant-Appellants and Appellee-Cross-Appellants. No. 54676.Supreme Court of Iowa. November 11, 1971. APPEAL FROM MARSHALL DISTRICT COURT, JOHN L. HYLAND, J. Page 694 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]
STATE v. ENGLER, 217 Iowa 138 (1933)
251 N.W. 88 STATE OF IOWA, Appellee, v. WILLIAM ENGLER et al., Appellants. No. 41541.Supreme Court of Iowa. November 14, 1933. BURGLARY: Prosecution — “Short-form” Indictment — Sufficiency. 1 An indictment, under the “Short-form” statute, charging, in the language of the statute, the possession of burglar’s tools with intent to commit a burglary, is not […]
WILSON v. JEFFERSON TRANSPORTATION CO., 163 N.W.2d 367 (Iowa 1968)
Ralph WILSON, Appellee, v. JEFFERSON TRANSPORTATION CO. and Oran H. Bunce, Appellants. No. 53104.Supreme Court of Iowa. December 10, 1968. APPEAL FROM POLK DISTRICT COURT, GIBSON C. HOLLIDAY, J. Page 368 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 369 Jones, Hoffman […]
LANGFITT v. LANGFITT, 223 Iowa 702 (1937)
273 N.W. 93 A.B. LANGFITT et al., Administrators, Appellants, ELSIE BELL LANGFITT, Resistor, Appellee, LOREN M. MARTIN et al., Intervenors, Appellees. No. 43725.Supreme Court of Iowa. May 4, 1937. EXECUTORS AND ADMINISTRATORS: Collection and management of estate — treating realty as personalty — sale required. Land acquired by an executor through foreclosure on a note […]
MOLENE v. TANSEY, 203 Iowa 992 (1927)
213 N.W. 759 LILA A.B. MOLENE, Appellee, v. A.B. TANSEY et al., Appellants. Supreme Court of Iowa. May 3, 1927. EASEMENTS: Creation — Mutual Agreement and Acquiescence. A driveway equally upon the dividing line between two adjoining owners may be used by them under such conditions of mutual Page 993 acquiescence and agreement as to […]
ANDREW v. HANSON, 206 Iowa 1258 (1928)
222 N.W. 10 L.A. ANDREW, Receiver, Appellant, v. E.M. HANSON et al., Appellees. Supreme Court of Iowa. November 20, 1928. BILLS AND NOTES: Delivery — Conditional Delivery — Parol 1 Evidence. Parol evidence is admissible to prove that a surety signed a promissory note on the express condition that the note should not be deemed […]