STATE of Iowa, Plaintiff, v. Paul E. HELLWEGE, Judge of the Second Judicial District of Iowa, Defendant. No. 63863.Supreme Court of Iowa. July 16, 1980. Thomas J. Miller, Atty. Gen., Kathy Krewer, Asst. Atty. Gen., and Jim P. Robbins, Boone County Atty., for plaintiff. L.W. Courter and Kirke C. Quinn, of Doran, Doran, Courter Quinn, […]
Category: Iowa Court Opinions
SHUPE v. THEDE, 205 Iowa 1019 (1928)
218 N.W. 611 M.W. SHUPE, Appellee, v. J.R. THEDE, Appellant. Supreme Court of Iowa. April 3, 1928. VENDOR AND PURCHASER: Rescission — Breach by Vendor — Effect. A purchaser of real estate may not rescind for breach of contract by the vendor unless the vendor has abandoned the contract, or his acts and conduct are […]
KOSTLAN v. MOWERY, 208 Iowa 623 (1929)
226 N.W. 32 FRANK KOSTLAN, Appellant, v. JOHN MOWERY et al., Appellees. No. 39547.Supreme Court of Iowa. June 24, 1929. JUDGES: Powers — Power of Judge at Chambers. An ex-parte order of a judge at chambers to the effect that a party to an action may, on the trial, use a transcript of the testimony […]
BERGQUIST v. MACKAY ENGINES, INC., 538 N.W.2d 655 (Iowa App. 1995)
Bob BERGQUIST, Plaintiff-Appellee, v. MACKAY ENGINES, INC., Defendant-Appellant. No. 94-464.Court of Appeals of Iowa. June 27, 1995. Page 656 APPEAL FROM DISTRICT COURT, LEE COUNTY, R. DAVID FAHEY, J. Craig D. Warner of Aspelmeier, Fisch, Power, Warner Engberg, Burlington, for appellant. Page 657 R.L. Fehseke, Jr. of the Fehseke Law Offices, Fort Madison, for appellee. […]
BANKERS TR. CO. v. DISTRICT COURT, 209 Iowa 879 (1930)
227 N.W. 536 BANKERS TRUST COMPANY, Petitioner, v. DISTRICT COURT OF HAMILTON COUNTY et al., Respondents. No. 40120.Supreme Court of Iowa. November 21, 1929. Rehearing Denied February 15, 1930. DISMISSAL AND NONSUIT: Involuntary — Dropping Action from Calendar — Reinstatement. The district court has jurisdiction to reinstate a cause which, under order of court, has […]
STATE v. FOY, 697 N.W.2d 128 (Iowa App. 2005)
STATE OF IOWA, Plaintiff-Appellee, v. EARL LEE FOY, Defendant-Appellant. No. 5-177 / 04-1337.Court of Appeals of Iowa. March 31, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Webster County, Joel E. Swanson (guilty plea) and Ronald H. Schechtman (sentencing), Judges. Earl Lee Foy […]
MATTER OF THE INQUIRY CONCERNING GERARD, 631 N.W.2d 271 (Iowa 2001)
IN THE MATTER OF THE INQUIRY CONCERNING STEPHEN GERARD, DISTRICT ASSOCIATE JUDGE, SIXTH JUDICIAL DISTRICT, STEPHEN GERARD, Respondent. No. 44 / 00-1893Supreme Court of Iowa. Filed July 5, 2001 On application of the Iowa Commission on Judicial Qualifications. Original proceeding regarding judicial qualifications of respondent. Judge suspended from judicial office for sixty days. APPLICATION GRANTED; […]
COOK v. ESTATE OF TODD, 249 Iowa 1274 (1958)
90 N.W.2d 23 KATHRYN BELL TODD COOK, appellant, v. ESTATE OF KATE L. TODD, deceased, ROY R. SWARTZ and Guy L. TODD, administrators, appellees. No. 49420.Supreme Court of Iowa. May 6, 1958. Rehearing Denied September 19, 1958. ADOPTION: Laws of other states — recognition. The status of 1 adoption created by the law of a […]
IN THE MATTER OF C.M., 00-0758 (Iowa App. 11-8-2000)
IN THE INTEREST OF C.M., Minor Child, J.M., Father, Appellant. No. 0-678 / 00-0758.Court of Appeals of Iowa. Filed November 8, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] [EDITORS’ NOTE: THIS OPINION IS NOT FOR PUBLICATION.] Appeal from the Iowa District Court for Linn County, SUSAN FLAHERTY, District Associate […]
STATE v. COIL, 264 N.W.2d 293 (Iowa 1978)
STATE of Iowa, Appellee, v. Edward R. COIL, Appellant. No. 60339.Supreme Court of Iowa. March 22, 1978. APPEAL FROM GREENE DISTRICT COURT, EDWARD J. FLATTERY, J. John Gerken, of Cudahy Law Firm, Jefferson, for appellant. Richard C. Turner, Atty. Gen., Joseph Beck and Faison Sessoms, Asst. Attys. Gen., and Nicola Martino, Greene County Atty., for […]
WHITE v. ZELL, 224 Iowa 359 (1938)
276 N.W. 76 RUBY WHITE, Administratrix, Appellee, v. ALLEN C. ZELL, Appellant. No. 43982.Supreme Court of Iowa. November 23, 1937. Rehearing Denied March 12, 1938. WITNESSES: Impeachment — allowable contradiction. A party may 1 not impeach his own witness but he may offer testimony of other witnesses in contradiction thereof. MOTOR VEHICLES: Guest — assumption […]
ALLIE v. STATE, 798 N.W.2d 737 (Iowa App. 2011)
MICHAEL LEROY ALLIE, Applicant-Appellant, v. STATE OF IOWA, Respondent-Appellee. No. 1-121 / 10-1095.Court of Appeals of Iowa. Filed March 7, 2011. Appeal from the Iowa District Court for Story County, Dale E. Ruigh, Judge. Applicant appeals the district court’s denial of his application for postconviction relief from his conviction, based on his guilty plea, to […]
STATE v. KELLY, 249 Iowa 1219 (1958)
91 N.W.2d 562 STATE OF IOWA, appellee, v. ALBERT W. KELLY, appellant. No. 49438.Supreme Court of Iowa. July 28, 1958. CRIMINAL LAW: Decisions of United States Supreme Court — when 1 binding upon state courts. A decision of the United States Supreme Court based upon the Federal Constitution is binding upon state courts, but, if […]
RAGAN v. PETERSEN, 569 N.W.2d 390 (Iowa App. 1997)
Catherine A. RAGAN, Plaintiff-Appellee, v. Brent A. PETERSEN and August B. Petersen, Defendants-Appellants. No. 95-1441.Court of Appeals of Iowa. June 26, 1997. APPEAL FROM DISTRICT COURT, CLINTON COUNTY, PATRICK MADDEN AND DAVID R. SIVRIGHT, JR., JJ. Page 391 Thomas J. Shields and Theodore F. Olt, III of Lane Waterman, Davenport, for defendants-appellants. Michael K. Bush […]
STATE CENT. BANK OF KEOKUK v. GREAT RIVER GAS, 368 N.W.2d 128 (Iowa 1985)
STATE CENTRAL BANK OF KEOKUK, Iowa, for themselves and all others similarly situated, Plaintiffs, v. GREAT RIVER GAS COMPANY, Defendant. STATE CENTRAL BANK OF KEOKUK, Iowa, Appellee, v. IOWA STATE COMMERCE COMMISSION; and Andrew Varley, Christine Hansen, Paul Franzenburg, as members of said commission; Great River Gas Company, Appellants. No. 84-340.Supreme Court of Iowa. May […]
IN INTEREST OF K.K., 782 N.W.2d 170 (Iowa App. 2010)
IN THE INTEREST OF K.K., Minor Child, B.A., Mother, Appellant. No. 0-157, 10-0198.Court of Appeals of Iowa. Filed March 24, 2010. [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 Iowa […]
FERRARI v. MEEKS, 181 N.W.2d 201 (Iowa 1970)
Milo A. FERRARI and Leah Ferrari, Appellees, v. E. Earl MEEKS and Mary June Meeks, and Iowa Power and Light Company, Appellants. No. 54150.Supreme Court of Iowa. November 10, 1970. APPEAL FROM POLK DISTRICT COURT, GIBSON C. HOLLIDAY, J. Page 202 Robert D. Hall, Des Moines, for appellants. Donald W. Baird, Des Moines, for appellees. […]
RENZE v. RENZE, 247 Iowa 25 (1955)
72 N.W.2d 490 MARIE R. RENZE, appellant, v. FRED RENZE, JR., appellee. No. 48744.Supreme Court of Iowa. October 18, 1955. DIVORCE: Evidence — adequacy. In divorce actions each case 1 must depend upon its own facts, and on appeal the record in each must be examined to determine whether such cruel and inhuman treatment as […]
JENKINS v. STATE HIGHWAY COMMISSION, 205 Iowa 523 (1928)
218 N.W. 258 WILLIAM D. JENKINS, Appellee, v. STATE HIGHWAY COMMISSION et al., Appellants. Supreme Court of Iowa. March 6, 1928. CERTIORARI: When Writ Lies — Review of Condemnation Proceedings. 1 Certiorari will lie to review condemnation proceedings by the state highway commission. HIGHWAYS: Alteration — Power to Make. The power to make 2 changes […]
KLAES v. SCHOLL, 412 N.W.2d 178 (Iowa 1987)
James P. KLAES, Appellant, v. Harvey D. SCHOLL, Appellee. Harvey D. SCHOLL, Plaintiff, v. The CITY OF CLINTON, Iowa; James P. Klaes; David Speakman; and Thomas Hansen, Defendants. No. 86-983.Supreme Court of Iowa. September 23, 1987. APPEAL FROM DISTRICT COURT, CLINTON COUNTY, MAX R. WERLING, J. James D. Bruhn of Shaff Farwell, Clinton, for appellant. […]