STATE of Iowa, Appellee, v. Robert Steven WINFREY, Appellant. No. 55861.Supreme Court of Iowa. August 28, 1974. APPEAL FROM POLK DISTRICT COURT, JOHN N. HUGHES, J. Page 270 Anthony M. Critelli, Des Moines, and Michael J. Laughlin, Urbandale, for appellant. Richard C. Turner, Atty. Gen., Fred M. Haskins, Asst. Atty. Gen., and Ray A. Fenton, […]
Category: Iowa Court Opinions
IN RE MARRIAGE OF KREAGER, 759 N.W.2d 4 (Iowa 2008)
In re Marriage of Kreager. No. 07-1587.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Dallas County, Paul R. Huscher, Judge. Ami Kreager appeals the physical care provisions of the district court’s decree dissolving her marriage to Randall Kreager. AFFIRMED AS MODIFIED. Andrew B. Howie of Hudson, Mallaney Shindler, P.C., […]
STATE v. FOCHT, 99-1694 (Iowa App. 1-28-2002)
STATE OF IOWA, Plaintiff-Appellee, v. MICKEY LEE FOCHT, Defendant-Appellant. No. 1-509 / 99-1694.Court of Appeals of Iowa. Filed January 28, 2002. Appeal from the Iowa District Court for Pottawattamie County, TIMOTHY O’GRADY, Judge. Mickey Focht appeals from his conviction and sentence for second-degree robbery. AFFIRMED. Linda Del Gallo, State Appellate Defender, and John P. Messina, […]
ANDERSEN v. CHRISTENSEN, 222 Iowa 177 (1936)
268 N.W. 527 MATHILDE ANDERSEN, Appellee, v. C.L. CHRISTENSEN, Appellant. No. 43384.Supreme Court of Iowa. July 31, 1936. NEGLIGENCE: Proximate cause — concurrent causes — liability. 1 Principle reaffirmed that when two parties by their concurrent negligence injure a nonnegligent third party, both of said two parties are liable for the resulting damages suffered by […]
MIDDLE ST. UTIL. CO. v. INC. TEL. CO., 222 Iowa 1275 (1937)
271 N.W. 180 MIDDLE STATES UTILITIES COMPANY, Appellant, v. INCORPORATED TELEPHONE COMPANY, of Allerton, Appellee. No. 43338.Supreme Court of Iowa. January 19, 1937. TRIAL: Instructions — verdict-urging instructions — when prejudicial. A so-called verdict-urging instruction must be deemed prejudicial when it appears from the entire record that it did have a coercive effect on some […]
ARNOLD v. STATE, 540 N.W.2d 243 (Iowa 1995)
William Dale ARNOLD, Appellant, v. STATE of Iowa, Appellee. No. 94-1166.Supreme Court of Iowa. November 22, 1995. APPEAL FROM DISTRICT COURT, STORY COUNTY, RONALD H. SCHECHTMAN, J. Page 244 Patrick W. O’Bryan, Des Moines, for appellant. Thomas J. Miller, Attorney General, Thomas G. Fisher, Jr., Assistant Attorney General, Mary E. Richards, County Attorney, and Christopher […]
BERGER v. RIOS, 720 N.W.2d 192 (Iowa App. 2006)
NEIL CHRISTOPHER BERGER, Petitioner-Appellant, v. VICTORIA MARIE RIOS, Respondent-Appellee. No. 05-0976Court of Appeals of Iowa. Filed May 10, 2006 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Johnson County, Marsha M. Beckelman, Judge. Petitioner appeals a district court ruling awarding primary physical care of […]
CLAYMAN v. BIBLER, 210 Iowa 497 (1930)
231 N.W. 334 FRANCES CLAYMAN et al., Appellants, v. MRS. HARRY M. BIBLER et al., Appellees. No. 40208.Supreme Court of Iowa. June 23, 1930. WILLS: Rights and Liabilities of Devisees and Legatees — 1 Contract to Relinquish Part of Devise — Consideration — Sufficiency. A written agreement between devisees that they would so divide the […]
LEACH v. CASTANA SAV. BANK, 201 Iowa 346 (1926)
207 N.W. 331 ROBERT L. LEACH, Superintendent of Banking, Appellant, v. CASTANA SAVINGS BANK et al., Appellees. Supreme Court of Iowa. February 16, 1926. BANKS AND BANKING: Dissolution — Nonpreference in Deposits. 1 Principle reaffirmed that, in the settlement of the affairs of an insolvent state bank, the deposit of a municipal corporation has no […]
IN RE ESTATE OF SWEET, 224 Iowa 589 (1938)
277 N.W. 712 IN RE ESTATE OF O.M. SWEET. T.L. BROOKHART, Executor, Appellee, v. W.E. SCHONLAU et al., Appellants. No. 44130.Supreme Court of Iowa. February 15, 1938. JUSTICES OF THE PEACE: Civil jurisdictions — exceeding amount — 1 replevin a nullity. Under the statute allowing an enlarged jurisdiction for a justice of the peace up […]
STATE v. ALLEN, 705 N.W.2d 339 (Iowa App. 2005)
STATE OF IOWA, Plaintiff-Appellee, v. ANGELA MARIE ALLEN, Defendant-Appellant. No. 5-292 / 04-1561Court of Appeals of Iowa. Filed August 17, 2005 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Webster County, Fredrick E. Breen, District Associate Judge. Angela Allen appeals from her convictions and […]
HEALY v. CARR, 449 N.W.2d 883 (Iowa App. 1989)
Jessie Ellen HEALY, Plaintiff-Appellant, v. Mary CARR, Executor of the Estate of Wilbur Molln, Defendant-Appellee. No. 88-1259.Court of Appeals of Iowa. October 24, 1989. APPEAL FROM DISTRICT COURT, POLK COUNTY, GENE NEEDLES, J. Page 884 Pamela Griebel of Scalise, Scism, Sandre Uhl, Des Moines, for plaintiff-appellant. Theodore T. Duffield and Douglas A. Haag of Patterson, […]
PERIN v. HAYNE, 210 N.W.2d 609 (Iowa 1973)
Ilene PERIN, Appellant, v. Robert A. HAYNE, Appellee. No. 55949.Supreme Court of Iowa. September 19, 1973. Rehearing Denied October 11, 1973. APPEAL FROM POLK DISTRICT COURT, J.P. DENATO, J. Page 610 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 611 Marlyn S. […]
MOONSAMMY v. MERCY HOSP., 773 N.W.2d 562 (Iowa App. 2009)
Moonsammy v. Mercy Hosp. No. 08-1638.Court of Appeals of Iowa. Filed August 19, 2009. Appeal from the Iowa District Court for Johnson County, Denver Dillard, Judge. The plaintiff appeals from the district court’s order granting summary judgment to the defendants. AFFIRMED. Elizabeth Craig and Martin Diaz, Iowa City, for appellant. Richard M. Tucker and Anna […]
MILLIGAN v. EMPLOYMENT APPEAL BOARD, 802 N.W.2d 238 (Iowa App. 2011)
MINDY M. MILLIGAN, Petitioner-Appellant, v. EMPLOYMENT APPEAL BOARD, Respondent-Appellee. No. 1-383 / 10-2098.Court of Appeals of Iowa. Filed June 15, 2011. Appeal from the Iowa District Court for Warren County, Darrell Goodhue, Judge. Mindy Milligan appeals from a district court ruling upholding the Employment Appeal Board’s decision that she was not eligible for unemployment benefits. […]
SPELLER v. STATE, 528 N.W.2d 678 (Iowa App. 1995)
Herbert SPELLER, Appellant, v. STATE of Iowa, Appellee. No. 93-1541.Court of Appeals of Iowa. January 23, 1995. APPEAL FROM DISTRICT COURT, LEE COUNTY, JOHN C. MILLER, J. Herbert Speller, pro se. Thomas J. Miller, Atty. Gen., and James F. Christenson, Asst. Atty. Gen., for appellee. Considered by HAYDEN, P.J., and SACKETT and HUITINK, JJ. HUITINK, […]
CARBON IND. SCH. DIST. v. ADAMS COUNTY, 221 Iowa 1047 (1936)
267 N.W. 690 CARBON INDEPENDENT SCHOOL DISTRICT NO. 10, Douglas Township, Adams County, Iowa, Appellant, v. ADAMS COUNTY et al., Appellees. No. 43504.Supreme Court of Iowa. June 19, 1936. SCHOOLS AND SCHOOL DISTRICTS: Pupils — payment for tuition. Record reviewed and held that minor children moving into plaintiff school district and actually residing there with […]
ALINGH, v. ALINGH, 259 Iowa 219 (1966)
144 N.W.2d 134 STEPHAN G. and CATHY ROBIN ALINGH, by their next friend, ALBERT ALINGH, appellees, v. GERALD J. ALINGH et ux., appellants. No. 52128.Supreme Court of Iowa. July 14, 1966. PARENT AND CHILD: Custody — best interests and welfare of 1 child controlling consideration. The welfare of the children is the paramount and controlling […]
IN RE Q.S., 720 N.W.2d 195 (Iowa App. 2006)
IN THE INTEREST OF Q.S., Minor Child, D.S., Father, Appellant, G.S., Mother, Appellant. No. 06-0559Court of Appeals of Iowa. Filed May 24, 2006 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Polk County, Joe E. Smith, District Associate Judge. Parents appeal the juvenile court […]
STATE v. BEAVER, 429 N.W.2d 778 (Iowa App. 1988)
STATE of Iowa, Plaintiff-Appellee, v. Tim BEAVER, Defendant-Appellant. No. 87-602.Court of Appeals of Iowa. July 27, 1988. APPEAL FROM DISTRICT COURT, JASPER COUNTY, MICHAEL J. STREIT AND PETER A. KELLER, JJ. Raymond E. Rogers, Asst. Appellate Defender, for defendant-appellant. Thomas J. Miller, Atty. Gen., Bruce Kempkes, Asst. Atty. Gen., John E. Billingsley, Jasper Co. Atty., […]