237 N.W. 341 MARY NELSON, Appellee, v. NATIONAL ACCIDENT SOCIETY OF NEW YORK, Appellant. No. 40784.Supreme Court of Iowa. June 20, 1931. INSURANCE: Actions on Policies — Burden of Proof — Affirmative 1 Elaboration of General Denial — Effect. The beneficiary in an accident insurance policy has the burden of proof to establish that the […]
Category: Iowa Court Opinions
MALLORY v. JURGENA, 250 Iowa 16 (1958)
92 N.W.2d 387 DeWITT R. MALLORY and ARTHUR E. MALLORY, doing business under the firm name of MALLORY MALLORY, appellees, v. FRED JURGENA, appellant. No. 49525.Supreme Court of Iowa. October 14, 1958. ANIMALS: Bull — liability for trespass. Owner of a bull which 1 trespasses upon the property of a neighbor and causes damage is […]
STATE v. TRAYWICK, 468 N.W.2d 452 (Iowa 1991)
STATE of Iowa, Appellee, v. Harold L. TRAYWICK, Appellant. No. 89-1266.Supreme Court of Iowa. April 17, 1991. APPEAL FROM DISTRICT COURT FOR SCOTT COUNTY, MARGARET S. BRILES, J. Page 453 Raymond E. Rogers, Appellate Defender, and Shari Barron, Asst. Appellate Defender, for appellant. Thomas J. Miller, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., William […]
WALTER v. GRINNELL MUT., 734 N.W.2d 486 (Iowa App. 2007)
Walter v. Grinnell Mut. Reinsurance Co. No. 06-0310.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Cerro Gordo County, James M. Drew, Judge. Plaintiff appeals from the district court’s grant of summary judgment for defendant in his third-party bad faith suit.AFFIRMED. Vance Jorgensen of Vance Jorgensen Law Firm, Mason […]
STATE v. ERDAHL, 01-0830 (Iowa App. 11-15-2002)
STATE OF IOWA, Appellee, v. BRAD LEE ERDAHL, Appellant. No. 2-571 / 01-0830Court of Appeals of Iowa. Filed November 15, 2002 Appeal from the Iowa District Court for Hancock County, STEPHEN P. CARROLL, Judge. The defendant appeals from his convictions for first-degree murder and first-degree sexual abuse. AFFIRMED. Alfredo Parrish of Parrish, Kruidenier, Moss, Dunn, […]
STATE EX REL. HUSTON v. SHEARSON/AMERICAN, 408 N.W.2d 363 (Iowa 1987)
STATE of Iowa, ex rel., Thomas H. HUSTON, Superintendent of Banking; Iowa Department of Banking; John Pringle, Supervisor of Savings and Loan Associations Office of The Auditor of State of Iowa, Plaintiffs, v. SHEARSON/AMERICAN EXPRESS, INC., A Delaware Corporation; Boston Safe Deposit Trust Company, A Massachusetts Bank; Dean, Witter, Reynolds, Inc., A Delaware Corporation; Great […]
IN RE D.C., 695 N.W.2d 504 (Iowa App. 2005)
IN THE INTEREST OF D.C., Minor Child, D.C., Father, Appellant. No. 4-894 / 04-1808Court of Appeals of Iowa. Filed January 26, 2005 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Cerro Gordo County, Gerald W. Magee, Associate Juvenile Judge. A father appeals from a […]
IN THE INTEREST OF R.D., 665 N.W.2d 442 (Iowa App. 2003)
IN THE INTEREST OF R.D., Minor Child, S.D., Father, Appellant. No. 3-195 / 03-0290Court of Appeals of Iowa. Filed April 4, 2003 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Scott County, Michael Liebbe, Associate Juvenile Judge. A father appeals the termination of his […]
MOCHEL v. IOWA ST. TRAV. MEN’S ASSN., 203 Iowa 623 (1927)
213 N.W. 259 DELLA MOCHEL, Appellee, v. IOWA STATE TRAVELING MEN’S ASSOCIATION, Appellant. Supreme Court of Iowa. April 5, 1927. INSURANCE: Policy — Construction — “Train Wreck.” The smashing in of a portion of one side of a passenger coach by swinging a loading bucket against the coach as it was passing, constitutes a “train […]
HOFFMAN v. CARLOCK, 776 N.W.2d 301 (Iowa App. 2009)
Hoffman v. Carlock. No. 08-1883.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court Peter B. Newell, District Associate Judge. AFFIRMED. David Johnson of Brinton, Bordwell Johnson, Clarion, for appellant. Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, Kasey E. Wadding, County Attorney, and Jill Dashner, Assistant County Attorney, […]
WRIGHT v. IOWA SOUTHERN UTIL. CO., 230 Iowa 844 (1941)
298 N.W. 794 MABEL HOLMES WRIGHT, Plaintiff Appellant, v. IOWA SOUTHERN UTILITIES COMPANY, Defendant Appellee. No. 45528.Supreme Court of Iowa. June 17, 1941. Appeal from Jasper District Court. — P.J. SIEGERS, Judge. Action at law on oral contract to repurchase corporate stock. Defendant demurred to the petition, claiming the action was barred by limitations and […]
EASTER LAKE ESTATES, INC. v. POLK COUNTY, 444 N.W.2d 72 (Iowa 1989)
EASTER LAKE ESTATES, INC., Appellee, v. POLK COUNTY, Iowa, and State of Iowa, Appellants. No. 87-1785.Supreme Court of Iowa. July 19, 1989. As Corrected July 20, 1989. APPEAL FROM DISTRICT COURT, POLK COUNTY, RODNEY RYAN, J. Page 73 James A. Smith, County Atty., and Norman G. Jesse and Linda Newman Gentry, Asst. County Attys., for […]
IN INTEREST OF S.E., 789 N.W.2d 165 (Iowa App. 2010)
IN THE INTEREST OF S.E., Minor Child, H.L.E., Mother, Appellant. No. 0-480 / 10-0864.Court of Appeals of Iowa. Filed July 28, 2010. Appeal from the Iowa District Court for Polk County, Constance Cohen, Juvenile Judge. A mother appeals from a juvenile court order terminating her parental rights to a child. AFFIRMED. Marla McCoid, Bondurant, for […]
IN RE MARRIAGE OF LETO, 707 N.W.2d 338 (Iowa App. 2005)
IN RE THE MARRIAGE OF JOHN F. LETO AND DEBORA A. LETO. Upon the Petition of JOHN F. LETO, Petitioner-Appellant, and Concerning DEBORA A. LETO, Respondent-Appellee. No. 5-716 / 05-0506Court of Appeals of Iowa. Filed November 9, 2005 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District […]
IN INTEREST OF C.E., 11-0897 (Iowa App. 10-19-2011)
IN THE INTEREST OF C.E., C.S., J.R. Jr., J.R., and C.R., Minor Children, K.R., Mother, Appellant. No. 1-778 / 11-0897Court of Appeals of Iowa. Filed October 19, 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. […]
DECISIONS WITHOUT PUBLISHED OPINIONS, 666 N.W.2d 621 (Iowa App. 2003)
Court of Appeals of Iowa. 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Docket Date of Title Number Decision Disposition Poots v. High Country Development Co. 02-0555 04/30/2003 Modified, reversed, and remanded Midland Restoration Co. v. Sioux City Community School Dist. 02-0625 05/29/2003 Affirmed Plate v. Scallon 02-0644 04/30/2003 Affirmed […]
CHRISTENSEN v. KELLEY, 257 Iowa 1320 (1965)
135 N.W.2d 510 HELEN MAXINE CHRISTENSEN, administratrix of estate of Raymond W. Christensen, deceased, appellant, v. GERALD KELLEY, appellee. No. 51654.Supreme Court of Iowa. June 8, 1965. Rehearing Denied September 21, 1965. MOTOR VEHICLES: Common-law duty of motorists — ordinary care. 1 The common-law duty to exercise ordinary care under the circumstances, irrespective of statute, […]
HILLVIEW ASSOCIATES v. PALMER, 456 N.W.2d 909 (Iowa 1990)
HILLVIEW ASSOCIATES, d/b/a Gracious Estates Mobile Home Park, Appellee, v. Paul D. PALMER, Appellant. No. 89-943.Supreme Court of Iowa. June 20, 1990. Rehearing Denied July 20, 1990. APPEAL FROM DISTRICT COURT FOR POLK COUNTY, THEODORE M. MILLER, J. Richard M. LaJeunesse of Dreher, Wilson, Simpson, Jensen, Sellers, Butters, Adams Kaiser, P.C., Des Moines, for appellant. […]
IN THE INTEREST OF J.D., 99-1109 (Iowa App. 10-13-2000)
IN THE INTEREST OF J.D., L.D., and T.D., Minor Children, L.M., Mother, Appellant. No. 0-525 / 99-1109.Court of Appeals of Iowa. Filed October 13, 2000. Appeal from the Iowa District Court for Black Hawk County, Jeffrey L. Harris, Associate Juvenile Judge. The mother of three children appeals a juvenile court order denying her motion to […]
STATE v. HOYT, 01-0570 (Iowa App. 4-24-2002)
STATE OF IOWA, Plaintiff-Appellant, v. RICHARD DALE HOYT, Defendant-Appellee. No. 1-917 / 01-0570.Court of Appeals of Iowa. Filed April 24, 2002. Appeal from the Iowa District Court for Woodbury County, RICHARD VIPOND, Judge. On discretionary review, the State contends the district court abused its discretion in granting Richard Hoyt’s motion to transfer jurisdiction to the […]