269 N.W. 502 FIRST TRUST JOINT STOCK LAND BANK of Chicago, Appellant, v. CLAUDE S. ARMSTRONG et al., Appellees. No. 43680.Supreme Court of Iowa. October 27, 1936. MORTGAGES: Redemption — loss of right by appeal. Mortgagors and subsequent mortgagees forfeit their statutory right to redeem from first mortgage foreclosure sale by appealing in the latter […]
Category: Iowa Court Opinions
STATE v. RANK, 214 N.W.2d 136 (Iowa 1974)
STATE of Iowa, Appellee, v. Timmothy Keven RANK, Appellant. No. 56287.Supreme Court of Iowa. January 16, 1974. APPEAL FROM MARSHALLTOWN MUNICIPAL COURT, ROGER R. HALLECK, J. Page 137 Patrick W. Brooks, of Marshalltown, for appellant. Richard C. Turner, Atty. Gen., Dennis E. Jontz, Asst. Atty. Gen., and Ronald M. Kayser, County Atty., for appellee. Submitted […]
IN RE K.J.W., 763 N.W.2d 277 (Iowa App. 2006)
In re K.J.W. No. 08-1827.Court of Appeals of Iowa. January 22, 2009. Appeal from the Iowa District Court for Polk County, Carol S. Egly, District Associate Judge. A mother appeals from the order terminating her parental rights. AFFIRMED. Samantha Kain of Sullivan Ward, P.C., West Des Moines, for appellant mother. Thomas J. Miller, Attorney General, […]
RUDOLPH v. DAVIS, 238 Iowa 474 (1947)
26 N.W.2d 231 RICHARD D. RUDOLPH, Appellee, v. GLEN DAVIS et ux., Appellants. No. 46989.Supreme Court of Iowa. March 11, 1947. Rehearing Denied May 9, 1947. APPEAL AND ERROR: Judicial discretion — abuse — review on 1 appeal. Supreme court, on appeal in proceeding involving exercise of discretion, will determine only whether discretion has been […]
STANLEY v. AIKEN, 787 N.W.2d 479 (Iowa 2010)
Stanley v. Aiken. No. 09-0723.Supreme Court of Iowa. June 30, 2010. Appeal from the Iowa District Court for Polk County, Robert A. Hutchison, Judge. Jacqueline Stanley appeals a district court order terminating her guardianship, and Joshua Stanley appeals the district court’s award of child support. AFFIRMED IN PART, REVERSEDIN PART, AND REMANDED. Jesse A. Macro […]
CLARK v. ESTATE OF RICE, 653 N.W.2d 166 (Iowa 2002)
MATTHEW A. CLARK, as Father and Next Friend of SASHA R. CLARK, Appellant, v. ESTATE OF KIMBERLY RAE RICE, by its Administrator, ANDREW SCOTT RICE and FARM BUREAU MUTUAL INSURANCE COMPANY, an Iowa Corporation, Appellees. No. 90 / 01-0595Supreme Court of Iowa. Filed October 9, 2002 Appeal from the Iowa District Court for Linn County, […]
LARKIN, v. SEARS, ROEBUCK AND COMPANY, 216 N.W.2d 319 (Iowa 1974)
Mildred LARKIN, Appellee, v. SEARS, ROEBUCK AND COMPANY, Self-Insured Employer, Appellant. No. 55464.Supreme Court of Iowa. March 27, 1974. Rehearing Denied April 18, 1974. Robert E. Dreher and Anna I. Shinkle, Des Moines, for appellant. Fred D. Huebner and E.J. Giovannetti, Des Moines, for appellee. Considered en banc. PER CURIAM. The members of the court […]
UNIVERSAL LOAN CORP. v. JACOBSON, 212 Iowa 1088 (1931)
237 N.W. 436 UNIVERSAL LOAN CORPORATION, Appellant, v. HARRY JACOBSON et al., Appellees. No. 40632.Supreme Court of Iowa. June 20, 1931. INJUNCTION: Subjects of Protection and Relief — Acts Already 1 Performed. Rights already lost and wrongs already committed are not subject to injunctive relief, especially when there is no showing that the wrong will […]
HUTCHINS v. JONES PIANO CO., 209 Iowa 394 (1929)
228 N.W. 281 CLEO HUTCHINS, Appellee, v. JONES PIANO COMPANY, Appellant. No. 39892.Supreme Court of Iowa. December 13, 1929. ACKNOWLEDGMENT: Pleading and Evidence — Presumption. Principle 1 reaffirmed that great weight is accorded to a certificate of acknowledgment. MASTER AND SERVANT: Interference with the Relation by Third 2 Persons — Procuring Discharge. A person who […]
HOMMER v. MAREK, 99-1940 (Iowa App. 7-3-2002)
LORI HOMMER and TIMOTHY HOMMER, Plaintiffs-Appellants, v. MARGARET MAREK, LLOYD MAREK and JENNIFER LYNN WILCOX HUMBAL, Defendants-Appellees. No. 1-734 / 99-1940.Court of Appeals of Iowa. Filed July 3, 2002. Appeal from the Iowa District Court for Polk County, JACK D. LEVIN, Judge. Lori and Timothy Hommer appeal from the district court ruling dismissing their personal […]
MORAINE v. FOGWELL, 723 N.W.2d 451 (Iowa App. 2006)
ADAM MORAINE, Petitioner-Appellee, v. BRIDGETTE FOGWELL, Respondent-Appellant. No. 05-0654.Court of Appeals of Iowa. July 26, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom, Judge. A mother appeals the district court decision placing physical care of the parties’ child […]
WSH PROPERTIES, v. DANIELS, 723 N.W.2d 449 (Iowa App. 2006)
WSH PROPERTIES, LLC, Plaintiff-Appellee, v. CURT N. DANIELS and INDIAN CREEK CORPORATION, Defendants-Appellants. No. 05-0404.Court of Appeals of Iowa. August 9, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Lucas County, John Lloyd, Judge. Defendants appeal following a jury verdict and judgment entry […]
AUSTIN v. PERRY, 219 Iowa 1344 (1935)
261 N.W. 815 W.H. AUSTIN et al., Appellees, v. EVERETT PERRY, Appellant. No. 42897.Supreme Court of Iowa. June 21, 1935. INJUNCTION: Subjects of Protection and Relief — Nonavailable in Lieu of Possessory Action at Law. One, who claims the possession of realty against another who is in actual possession as a tenant at will, may […]
McELROY v. STATE, 637 N.W.2d 488 (Iowa 2001)
JULIE DeVALL McELROY, Appellant, v. STATE OF IOWA and IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY, Appellees. No. 181 / 99-1446Supreme Court of Iowa. Filed December 19, 2001 Appeal from the Iowa District Court for Polk County, Jack D. Levin, Judge. Plaintiff appeals from an adverse judgment entered by the district court following a jury […]
LINDQUIST v. THIERMAN, 216 Iowa 170 (1933)
248 N.W. 504 SELMA LINDQUIST, Appellee, v. E.M. THIERMAN et al., Appellants. No. 41613.Supreme Court of Iowa. May 15, 1933. AUTOMOBILES: Injuries from Operation — Excessive Speed — 1 Inability to Stop within “Assured Clear Distance”. The driver of an automobile is guilty of negligence per se in driving at such a rate of speed […]
NOBLE v. UNITED BENEFIT CO., 230 Iowa 471 (1941)
297 N.W. 881 NELLYE PEARL NOBLE, Appellee, v. UNITED BENEFIT LIFE INSURANCE COMPANY, Appellant. No. 45398.Supreme Court of Iowa. May 13, 1941. Modified and Rehearing Denied September 19, 1941. WITNESSES: Physician-patient relation — insurance policy 1 permission to disclose to insurer — nonwaiver of privilege against testimony. A life insurance application, which authorized any physician […]
STATE v. CONNOR, 752 N.W.2d 36 (Iowa App. 2008)
State v. Connor. No. 07-1197.Court of Appeals of Iowa. April 30, 2008. [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 District Court for Black Hawk County, James D. Coil, […]
BERNAU v. IOWA DEPT. OF TRANSP., 580 N.W.2d 757 (Iowa 1998)
James BERNAU, Mary Bernau, Carlisle Beekman, Lorraine Beekman, Richard Laube, Judy Laube, Merlin Stock, Cheryl Stock, Gary Bernau, Patricia Bernau, David Bernau, and Jolene Bernau, Appellants, v. IOWA DEPARTMENT OF TRANSPORTATION, The Iowa Transportation Commission, Catherine Dunn, Chairperson, Lloyd E. Clark, Commissioner, Janice Johnson, Commissioner, Richard Pellet, Commissioner, Bonnie Vetter, Commissioner, Marlin Volz, Jr., Commissioner, […]
IBP, INC. v. DCS SANITATION MGT., 498 N.W.2d 425 (Iowa App. 1993)
IBP, INC., A Delaware Corporation, Plaintiff-Appellant, v. DCS SANITATION MANAGEMENT SERVICES, INC., A Corporation, Defendant-Appellee, and Fireman’s Fund Insurance Company, A Corporation, Defendant. No. 92-71.Court of Appeals of Iowa. February 2, 1993. APPEAL FROM DISTRICT COURT, POTTAWATTAMIE COUNTY, LEO CONNOLLY, J. Page 426 David F. McCann of Dippel McCann, Council Bluffs, for plaintiff-appellant. Bill Hughes […]
PARAMOUNT PICTURES v. MAXON, 226 Iowa 308 (1939)
284 N.W. 119 PARAMOUNT PICTURES, INC., Appellee, v. G.H. MAXON, Appellant. No. 44427.Supreme Court of Iowa. February 14, 1939. CUSTOMS AND USAGES: Evidence of custom and usage — contract 1 prevails. Evidence of custom and usage cannot prevail against an express contract to the contrary. CONTRACTS: Actions for breach — breach of part not destructive […]