Patricia AUXIER, Appellee, v. WOODWARD STATE HOSPITAL-SCHOOL, Employer, and State of Iowa, Appellants. No. 60108.Supreme Court of Iowa. May 17, 1978. Rehearing Denied June 23, 1978. APPEAL FROM POLK DISTRICT COURT, LEO OXBERGER, J. Page 140 Richard C. Turner, Atty. Gen., and Lee M. Jackwig, Asst. Atty. Gen., for appellants. Harry W. Dahl, Des Moines, […]
Category: Iowa Court Opinions
NELSON v. RESTAURANTS OF IOWA, INC., 338 N.W.2d 881 (Iowa 1983)
Vivian J. NELSON, Individually, and Kelly James Nelson, a Minor, by and through his Parent, Vivian J. Nelson, Appellants, v. RESTAURANTS OF IOWA, INC., d/b/a Sirloin Brew, Appellee. No. 69022.Supreme Court of Iowa. October 19, 1983. APPEAL FROM DISTRICT COURT, LINN COUNTY, ANSEL J. CHAPMAN, J. Page 882 Robert R. Rush of Lynch, Dallas, Smith […]
STATE v. HARDING, 205 Iowa 853 (1928)
216 N.W. 756 STATE OF IOWA, Appellee, v. DAVID HARDING, Appellant. Supreme Court of Iowa. December 13, 1927. Rehearing Denied March 17, 1928. JURY: Competency — Existence of Opinion. The fact that a juror 1 has formed an opinion as to the guilt or innocence of the accused, and will carry such opinion into the […]
IN RE WILL OF GORDEN, 238 Iowa 580 (1947)
27 N.W.2d 900 IN RE WILL OF JESSIE GORDEN. W.A. WESTFALL, Executor, Appellant, v. JOSEPH HENRY BRYAN et al., Appellees. No. 47006.Supreme Court of Iowa. June 17, 1947. GIFTS: Inter vivos — evidence to establish sufficient. Donor’s 1 letter to her nephew with whom she had previously left money for safekeeping, directing him to divide […]
STATE v. AL-YASIRI, 786 N.W.2d 520 (Iowa App. 2010)
State v. Al-Yasiri. No. 09-0877.Court of Appeals of Iowa. May 26, 2010. Appeal from the Iowa District Court for Johnson County, Douglas S. Russell, Judge. Defendant appeals her convictions for identity theft and theft in the second degree. AFFIRMED. Mark C. Smith, State Appellate Defender, and Stephan J. Japuntich, Assistant Appellate Defender, for appellant. Thomas […]
UNION MTG. CO. v. EVANS, 200 Iowa 1000 (1925)
205 N.W. 776 UNION MORTGAGE COMPANY, Appellee, v. W.E. EVANS et al., Appellants. Supreme Court of Iowa. November 17, 1925. EVIDENCE: Parol as Affecting Writings — Contradicting Method of Payment. A promissory note “payable in gold coin of the United States” may not be modified by a parol agreement, contemporaneous with the execution of the […]
ELLIOT v. IOWA DEPT. OF TRANSP., 377 N.W.2d 250 (Iowa App. 1985)
Ronney Lee ELLIOT, Plaintiff-Appellant, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Defendant-Appellee. No. 84-1495.Court of Appeals of Iowa. September 24, 1985. APPEAL FROM DISTRICT COURT, BLACK HAWK COUNTY, PETER VAN METRE, J. Page 251 David M. Engelbrecht of Engelbrecht, Ackerman Hassman, Waverly, for plaintiff-appellant. Thomas J. Miller, Atty. Gen., and David A. Ferree, Asst. […]
STATE v. KANG, 742 N.W.2d 606 (Iowa App. 2007)
State v. Kang. No. 06-2115.Court of Appeals of Iowa. October 24, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Decisions without Published Opinions. Affirmed.
STATE v. JANSSEN, 239 N.W.2d 564 (Iowa 1976)
STATE of Iowa, Appellee, v. Marvin A. JANSSEN, Appellant. No. 58448.Supreme Court of Iowa. March 17, 1976. Rehearing Denied April 12, 1976. APPEAL FROM CHEROKEE DISTRICT COURT, EDWARD F. KENNEDY, J. Page 565 Morris C. Hurd and Thomas M. Donahue, Ida Grove, for appellant. Richard C. Turner, Atty. Gen., William D. Scherle, Asst. Atty. Gen., […]
ANDREW v. WINEGARDEN, 205 Iowa 1180 (1928)
219 N.W. 326 L.A. ANDREW, Receiver, Appellee, v. R.H. WINEGARDEN, Sheriff, Appellee, et al., Appellant. Supreme Court of Iowa. May 8, 1928. JUDGMENT: Lien — Judgment in Vacation — When a Lien. Where a 1 cause is tried, submitted, and taken under advisement under a stipulation that judgment may be entered “during term time or […]
COWMAN v. LaVINE, 234 N.W.2d 114 (Iowa 1975)
Max Duane COWMAN, Appellee, v. Russell J. LaVINE, Appellant. No. 2-56715.Supreme Court of Iowa. October 15, 1975. APPEAL FROM POLK DISTRICT COURT, WALDO F. WHEELER, J. Page 115 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 116 [EDITORS’ NOTE: THIS PAGE CONTAINS […]
BAKER v. STATE, 759 N.W.2d 3 (Iowa 2008)
Baker v. State. No. 06-1530.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Bremer County, Jon Stuart Scoles, Judge. Applicant appeals the district court order granting summary judgment to the State on his request for postconviction relief.REVERSED AND REMANDED. Philip B. Mears of Mears Law Office, Iowa City, for appellant. […]
STATE v. MURRAY, 09-0195 (Iowa 4-29-2011)
STATE OF IOWA, Appellee, v. RONALD RAY MURRAY, JR., Appellant. No. 09-0195Supreme Court of Iowa. Filed April 29, 2011 On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Benton County, Robert E. Sosalla, Judge. On further review, defendant contends the district court erred by giving jury instructions on both […]
WITT v. HEMPEL, 00-0750 (Iowa App. 9-12-2001)
NATHAN WITT and MELVA M. WITT, Plaintiffs-Appellees, v. TARRY A. HEMPEL and JANICE M. SHANAHAN, Defendants-Appellants, FRANCENA MARIE SELL, as Executor of the Estate of GLADYS M. WILSON, and SANDRA LAYNE RICE, Defendants. No. 1-114 / 00-0750Court of Appeals of Iowa. Filed September 12, 2001 [EDITOR’S NOTE: This case is unpublished as indicated by the […]
STATE v. PITTS, 759 N.W.2d 4 (Iowa 2008)
State v. Pitts. No. 08-0237.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Jackson County, Patrick J. Madden, Judge. Craig Pitts appeals his conviction for operating a motor vehicle while intoxicated, third offense. AFFIRMED. John Kies, Bellevue, for appellant. Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, Phil […]
MacVICAR v. WESTERN ASPH. PAV. CORP., 201 Iowa 355 (1926)
207 N.W. 378 JOHN MacVICAR, Appellee, v. WESTERN ASPHALT PAVING CORPORATION, Appellant. Supreme Court of Iowa. February 16, 1926. BROKERS: Compensation — Contract to Find Purchaser — Tentative Offer — Effect. The issue whether a broker found a purchaser ready, able, and willing to buy the property of his principal is not affirmatively established by […]
HOUSTON v. STATE, 728 N.W.2d 852 (Iowa 2007)
Houston v. State. No. 05-1591.Supreme Court of Iowa. January 31, 2007. Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom, Judge. Joseph Houston appeals following denial of his application for postconviction relief. AFFIRMED. Jeffrey T. Mains of Mains Law Office, P.L.C., Des Moines, for appellant. Joseph Houston, Fort Madison, pro se. Thomas […]
STATE v. MEISLAHN, 682 N.W.2d 83 (Iowa App. 2004)
STATE OF IOWA, Plaintiff-Appellee, v. JOHNNY RAY MEISLAHN, Defendant-Appellant. No. 4-151 / 03-0393Court of Appeals of Iowa. Filed March 24, 2004 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Polk County, D.J. Stovall, Judge. Johhnny Meislahn appeals his sentence for willful injury.AFFIRMED. Brian Tingle, […]
LELIEFELD v. LIBERTY MUTUAL INSURANCE, 11-0047 (Iowa App. 11-9-2011)
JAMES LELIEFELD, Plaintiff-Appellee, v. LIBERTY MUTUAL INSURANCE, Defendant-Appellant. No. 1-636 / 11-0047Court of Appeals of Iowa. Filed November 9, 2011 [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 […]
STATE v. ENGLISH, 03-1784 (Iowa App. 12-22-2004)
STATE OF IOWA, Plaintiff-Appellee, v. WARREN ANTHONY ENGLISH, Defendant-Appellant. No. 4-755 / 03-1784Court of Appeals of Iowa. Filed December 22, 2004 Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. Warren English appeals the judgment and sentence entered upon his conviction for theft in the second degree as an habitual offender. […]