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Bishop, J.
The demised property consists of a suite of office rooms in the second story of a brick building in Eagle Grove. The defendant is a dentist, and had occupied the rooms under a lease for one year ending October 15, 1901. The rooms are designed to be heated by steam heat, and in the lease was a provision that ... | [
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Bishop, J.
The principal ground of complaint upon which appellants rely for a reversal is that the trial court wholly failed to submit to the jury the question of the conspiracy alleged in the petition. Turning to the instructions as given, we find that the jury was told at the outset that if plaintiff had made it appe... | [
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Bishop, J.
I. Plaintiff owns a farm through which passes the line of defendant’s railway. . For many years a private crossing over the track, protected by wing fences and cattle guards, had been maintained by the defendant company for the benefit of plaintiff. Plaintiff’s mare in question passed over the cattle guard, ... | [
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Weaver, J.
The defendants, Bower & Perkins, were parties to- a written contract with -one J. L. Sutton. The latter assigned his interest in the contract to L. E. Sutton, who brought suit upon it against Bower & Perkins before a justice of the' peace of Kossuth county. On the return day ¡the defendants .entered an appea... | [
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Sher win, J.
The appellant is the widow of John Stroup, who died in November, 1894, leaving a will by which he devised all of his property to her, consisting largely of notes and bank stock. Mr. Stroup was the sole owner of a bank at Bickland, and the defendant A. JT. Bridger, who was his son-in-law, was its cashier an... | [
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Bishop, J.
The parties to this action are respectively the owners of adjoining farms in Story county. It appears that originally one Hillis owned the land comprising both farms, and that plaintiff purchased of him about thirty years before the time of the com mencement of this action. Defendant purchased about ten year... | [
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McClain, J.
The contentions for appellant are, first, that plaintiffs were negligent; second, that plaintiffs elected another remedy; and, third, that the jury were erroneously allowed to include damages as to one heifer which was not the property of the plaintiffs at the time the action was brought. The errors relied ... | [
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Weaver, J.
On November 22, 1860, Samuel K. Young' was the owner of a triangular tract of land in the northeast corner of the northwest quarter of the southwest quarter of section 10, township 82, range 5, within the limits of the present town of Mt. Vernon. ' The lands adjoining this tract on the east and on the south ... | [
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Deemee, O. J.
'In the year 1874 the board of supervisors of Lyon County, Iowa, undertook to establish highways on every section line in said county, except a few not necessary to be here mentioned. The order was ah omnibus one, and the only notice of the establishment thereof was a published one, which was also omnibus... | [
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McClain, J.
I. The first question presented is whether, after the sustaining of the motion of defendant for judgment on the special findings and the reversal in this court of the judgment entered on such motion, defendant was entitled to have a ruling on his motion for new trial' which had been filed in due time, but h... | [
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Sherwin, J.—
The evidence in these cases was not pi*e-served, and we have nothing before us but the pleadings.and decrees. The defendants plead, that they axe a building and loan association authorized to transact business in this State, and that the plaintiffs were members of the association and stockholders therein, ... | [
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Sherwin, J.
The-plaintiff’s injuries were received in a collision between cars on the appellant’s electric railway. At the close of the evidence on the trial, the defendant admitted of record that the plaintiff was entitled to recover, that there was no claim of contributory negligence on his part, and that the only qu... | [
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Ladd, J.
The sale of the stock of merchandise by Oldfield & Hartung to J. Reed & Son was negotiated by the defendant with Dana Reed. According to the written agreement, the purchase price was the cost at wholesale, with one and one-half per cent, added on all goods on which freight had not been prepaid by the consignor... | [
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McClain, J.
The evidence tends to show the following facts: The plaintiff, without previous experience in working about a foundry or machine shop, or any place of a similar character, entered the employ of defendant, and was directed by the general manager, Speers, to put himself under the charge and direction of one J... | [
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Bishop, J.
The defendant owns and operates a cream ery situated at the town of Humiston in Wayne county. The same is located near a waterway emptying into Chariton creek, which in turn flows through plaintiff’s home farm. It is alleged that the washings and refuse from the creamery were discharged into the waterway, by... | [
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Bishop, J.
I. As the jury was being impaneled, Frank Creswell, a member of the regular panel, was called into the box. Upon his voir dire examination, he answered that he had on that morning talked with the defen¿an£ about his case; that defendant told him the facts as he claimed them to be, and that thereby some impre... | [
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Weaver, J.
The plaintiffs are resident owners’ of property abutting on Kingman Boulevard, in the city of Des Moines. Under the order of the city council the boulevard has been curbed on either side, and the expense thereof assessed against the abutting property. Soon after the completion of this improvement, the city, ... | [
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Ladd, J.
The defendant, Cassie Matthews, was divorced from Albert E. Johnson in 1886. The service was by publication, and, as he was a nonresident without property in tbe State, the judgment incidentally rendered for alimony and costs was void. Rea v. Rea, 123 Iowa, 241. The decree entered in 1902 did not purport to cu... | [
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Weaver, J.
The-plaintiff, Byron A. Belcher, and Ida M. Root were married in the year 1875. They maintained family relations until the year 1899, when a separation took place; the wife removing from the State and obtaining a divorce. Soon after the separation, the plaintiff instituted this action; charging his domestic ... | [
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Ladd, J.
The street oar line branches from Pearl street, extending north and south, to West Seventh street, shortly before reaching the bridges in each over Perry creek, The first intersecting street below is Seventh. There is an alley between, a short distance south of which is the switch on the east track! In passing... | [
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Ladd, J.
The policy of insurance sued on contained the following conditions:
The total insurance permitted not to exceed at any time threé-fourths of the cash value of the property insured and to be concurrent herewith. * * * It is understood, and the insured by accepting this policy so agrees, unless permission ¡jigne... | [
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Ladd, J.
In the fall of 1900 the defendant listed with plaintiffs a half section of land, situated in Kossuth county, at $40 per acre net to him. All above that amount was to be commission for their services, in finding a purchaser.' The purchaser was to assume a mortgage of $2,400 on each quarter section, and $5,00.0 ... | [
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McClain, J.
On February 10, 1899, one S. G. Gustafson, being then the owner of premises in the city of Des Moines which had been conveyed to him subject to a mortgage to. one Hippee, made conveyance thereof to his wife, the plaintiff in this action. On February 15th of the same year the defendant, Durst, obtained a jud... | [
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Weaver, J.
In the mayor’s court of the city of Waukon the defendant was found guilty upon an information charging that in said city upon a day named he “ did sell, procure, prescribe for, and fit spectacles designed to improve the eyesight of certain persons, contrary ”'to the terms of an ordinance of said municipality... | [
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Siierwin, J.
The original abstract was served September .3, 1903, and filed the next day. On the 28th day of the same month the appellee filed a denial of the appellant’s abstract, but its terms were too general to constitute the denial required by the rules. On the 22d day of April, 1904, the appellee filed a motion t... | [
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Deemer, C. J.
The alleged grounds of negligence were as follows: “ That said gate in said line fence on the south side of said crossing and right of way was carelessly and negligently constructed and maintained; that the same was old and rickety, the nails in the cross-pieces thereof had become loosened and extracted b... | [
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McClain, J.
After the applicant for this writ of habeas corpus had served more than nine years of his seventeen years’ sentence, and when, under the provisions- of the statute as to diminution of sentence for good conduct' (Code, -section 5Y03, which is a substantial re-enactment of-the provisions of Acts 18th General ... | [
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Weaver, J.
Plaintiff states his alleged cause of action in three counts,» as follows: (1) It is alleged that the city of Keokuk, acting under its charter powers, caused Orleans street to be curbed, guttered and macadamized, and that the cost of the improvement thus made was duly assessed against the property abutting u... | [
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McClain, J.
In tbe application for tbe policy • on ■which this action was brought, tbe assured stated that bis occupation was “ dealer in pumps and well supplies.” It is set out in tbe answer that tbe assured died within a year after tbe policy was taken, .by reason of an explosion result ing during the attempt to blow... | [
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Sherwin, J.
The court very properly refused to grant a second continuance of the case at the defendant’s request. She had been given ample time in which to prepare her defense, and the condition of her health did not preclude her attendance at the trial. When it became manifest that her motion for a continuance would n... | [
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Deemer, O. J.
Plaintiff is the grantee of one William Grow. He claims that a public highway running north and south through the center of the north half of the northeast quarter of a certain section of land in Warren county, Iowa, extending from a highway running east and west along the north side of said eighty acres ... | [
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McClain, J.
Error is assigned as to the overruling of an objection to a question asked of plaintiff as a witness with reference to the value of his time, for the purpose of proving how. much damage he was entitled to recover for loss of time occasioned by the injury. Possibly the question was not just such an one as sh... | [
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Sherwin, J.
As will be noticed from the facts stated, the contest is between the widow, Lillian White, and the divorced wife, who is the beneficiary named in the certificate, and who was at the time it was issued the wife of A. J. White.
The undertaking of the contract was to pay the sum therein named to Florence H. Wh... | [
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Deemer, C. J.
The defendant is a town of four or five hundred inhabitants in Pottawattamie county. The two principal streets therein are Broadway, running north and south, and Second, running east and west. At the time of the accident in question there was a board walk, some ten or twelve feet in width, running east an... | [
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Deemer, O. J.
Plaintiffs are contractors, who undertook to construct a house for the defendant for rental purposes. They agreed to finish the work on or before'February 1902, and further stipulated that for each and every day thereafter that it remained incomplete they would pay the defendant the sum of five dollars pe... | [
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Deemer, J.
Plaintiff’s minor son, William Horn, a boy ten years of age, was run over by a train on defendant’s line of road, and received injuries which resulted in his death. The grounds of negligence are that defendant’s car repairer invited him into the yards of the company to assist him in pushing a car, and that a... | [
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Ladd, J.
The defendant operates an electric street car line from Marion, to Cedar Rapids. The track is single, with trolley poles on the south side to Seventeenth street, in the latter city, and from there on double, with poles between. The inside rails are from five feet eleven inches to six feet and one inch apart, a... | [
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McClain, J.
The concrete question to be determined on this appeal is whether, when a receiver has been appointed for attached property, the expenses of the receivership shall be deducted from the proceeds of the property, as against an intervener who has established a right to the property as mortgagee prior and superi... | [
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Weaver, J.
The case made by plaintiff is substantially as follows: The defendant city had caused Third street, between Story street and Fifth avenue, to be graded down in part, making a cut some three or four feet deep near the middle of the driveway, and left the same without'barricade or ¿guard. In the darkness of ev... | [
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Sherwin, J.
After the jury had been impaneled for the trial, the county attorney asked that the defendant’s witnesses be excluded from the courtroom during'examination •of the other witnesses, and that they be kept apart from each other. This was objected to by the defendant, whereupon the attorney for the State ashed ... | [
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Sherwin, J.-
The plaintiff herein, Alice P. Goulding, and George IL Goulding were married about 1882, and lived together as husband and wife until his death, in October, 1897. Marguerite A. Goulding is the daughter of the plaintiff and the deceased, and lived with them and was supported and recognized by the deceased f... | [
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Ladd, J.
The deceased had been engaged in the business of buying, storing, shipping, and selling grain. Her husband had conducted this business as her agent. ■ Her will provided for no legacies, and postponed.the distribution of the. estate to the beneficiaries until the trustee’s deaths Ey. its terms she bequeathed an... | [
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Ladd, J.
Each of the defendants stipulated “ to convey all of his right, title, and interest in and to the real estate,” and the plaintiffs promised “ to purchase all his right, title, and interest in and to the real estate above described.” Erom this it cannot be inferred that the vendors had any purpose of conveying ... | [
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Bishop, J.
The capital stock of savings banks organized and doing business under the laws of this State is to be assessed to the bank. Code, section 1322. That the assessment is to be made on the basis of the actual value of the stock, deducting real estate otherwise assessed, and that no further assessment shall be ma... | [
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Deemer, C. J.
Out of the accident referred to in Wagner v. C. & N. W. R. R., 122 Iowa, 360, this case arose. The record is much stronger for the defendant in this case than in that. A witness was found who was with the little boy, Lawrence Wagner, when he was killed, who testified that he and Lawrence were upon the ste... | [
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Ladd, J.
The plea in bar was good. By the terms of the supersedeas bond, the sureties promised “ to satisfy and perform the judgment or order appealed from in case it shall be affirmed and any judgment or order which the Supreme Court may render or order to be rendered by the inferior court.” If for any reason the judg... | [
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McClain, J.
The action was originally brought by Pendleton, as trustee for Manix & Co., to compel the Harris- Emery Company to treat certain shares of stock held by Pendleton for the benefit of Manix & Co. as preferred stock, rather than common stock. But before a decision was rendered, it was shown to the- court that ... | [
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Ladd, J.
Patterson was in occupancy of the land in controversy as a tenant when Mrs. Jenkins, his daughter, purchased it, and thereafter paid rent to her until she conveyed the property to him in April, 1897. After receiving the deed, he paid the interest on two mortgages on the property — one of $1,000 and another of ... | [
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Bishop, J.
While upon the witness stand, plaintiff testified that he reached his home, in Allerton, about five o’clock the next morning after the occurrence in question. Thereafter his wife was called as a witness on his behalf, and was asked what, if anything, heihusband said when he first came home with reference to ... | [
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Deemer, C. J.
Before the commencement of the trial defendant pleaded a counterclaim for the malicious suing out of the writ independent of the bond. Plaintiff demurred to this counterclaim, and defendant, conceding the demurrer, then filed a counterclaim on the attachment bond. Plaintiff thereupon pleaded a former adju... | [
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Deemer, C. J.
The petition alleges that while a passenger on one of defendant’s trains from Cedar Rapids to Larchwood, Iowa, plaintiff entered a toilet room in one of the coaehes, and while there one of defendant’s employes entered the room, locked the door, drew a knife, which he brandished in a menacing manner, and g... | [
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McClain, J.
The petition, as originally filed, alleged that the defendants were doing business as a copartnership under, the firm name and style of Clark & Co., at Charles City, Iowa, and that as such partnership they bought of plaintiff the goods and merchandise specified in the account attached to the petition. Notic... | [
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Ladd, J.
In August, 1902, tbe accused indorsed to Brenton Bros.’ Bank, at Granger, a promissory note purporting to have been executed to bim by bis mother, J. A. Rivers, and a brotber-in-law, J. A. Falway, for seventy-five dollars, and received therefor a note of twenty-five dollars of his own to the bank, and the bala... | [
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McClain, J.
Harriet L. Brainard died in 1892, leav ing a will, which was duly probated, by the provisions of which the executor was directed, after paying claims against the estate, to give to Andrew Brainard, brother of testatrix, an annuity of three hundred dollars, and to Kate Wood, a sister of testatrix, an annuity... | [
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Si-ierwin, J.
■ The defendant is a fraternal .benefit society. In November, 1899, Alary L. Kennedy became a member of the women’s class thereof, and received from the defendant a benefit certificate entitling her beneficiary or estate, upon her death, to participate in the benefit fund of the defendant to the extent of... | [
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McClain, J.
Plaintiff, who was then about, fifteen years of age, was employed by defendant in taking away from a tongue and groover machine short boards which had been tongued and grooved by the machine, to be fitted together into heads for butter tubs, and he had been so engaged for about a month. His place- of work w... | [
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Deemer, C. J.
The action was originally brought against the defendant and one Martha Croft, who it is claimed owned a hotel in Colfax known as the “ Mason House,” and operated in connection therewith the bathroom in which plaintiff claims he received his injury. The verdict was against both these defendants, but the tr... | [
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Weaver, J.
Joseph Johnson and Mary, his wife, lived •for many years upon a farm near Springville, Iowa. The -plaintiff was taken into the family when about six years old, ■and lived there until she was twenty-one years old, or about eight years before the death of said Johnson and wife. In the year 1898 Mr. and Mrs. Jo... | [
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Weaver, J.
The defendant corporation is, the publisher of a daily newspaper at Marshalltown, Iowa, and at the time of the matters complained of the plaintiff' was engaged in business as soliciting agent for a life insurance company in Central Iowa, where said newspaper had a large circulation. The alleged libel for whi... | [
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Ladd, J.
Third street, in Cedar Rapids, along which defendant operates a street railway, intersects P avenue. On the 15th of Juno, 1898, at about five o’clock p. -? the plaintiff, while riding a lady’s bicycle, C0Uided with one of its cars. With a loaf of bread tied to the handle bars and beefsteak in his pocket, he ■w... | [
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McClain, J.
In the year 1900, S: R. Smith, as whose trustee in bankruptcy plaintiff sues, was occupying the premises in question with his wife as a homestead under contract of purchase executed in 1898 by one' Sanborn, who was the owner of the iegal title to the premises. It appears that at the solicitation of Smith, w... | [
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Deemer, C. J.
This is the second time the case has been before us. The opinion on the first appeal will be found in 115 Iowa, 299. Plaintiff is an Italian, who came to this country in the year 1891. Shortly after his arrival here, he .eptered the defendant’s employ, - and continued therein until he received the injurie... | [
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Bishop, J.
It is provided in our statute of frauds, so called (Code, section 4625), that, except when otherwise especially provided, no evidence of a contract relating to the sale of personal property, when no part of the property is de livered and no part of the price is paid, is competent, unless it -be in writing, a... | [
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Weaver, J.
The plaintiff alleges that she was married to Samuel P. Beeman on October 25, 1895; that at the time of said marriage said Beeman was seised of certain described lands in Keokuk county, Iowa, and that thereafter said Bee-man conveyed said lands by deed to the defendant, Samuel Kitzman. She further alleges th... | [
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Ladd, J.
The plaintiff was returning home with a friend, Mrs. Hoover, from lodge, at about eleven o’clock p. m. of May 16, 1902. The walk was on the north side of the street, and that part of it in front of Dodd’s premises was out of repair. It was of bricks, many of which were out of place, and several holes had been ... | [
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... |
Weaver, J.
Peterson & Sampson, a firm of builders, entered into a written contract to erect a dwelling house in the city of Des Moines for the defendant Theodore L. Evens at the agreed price of $2,800, payable in five stated installments, according to the progress of the work. The performance of this contract by Peters... | [
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Per Curiam.
The application in this case was filed January 24, 1902, and the matter came on for hearing before the trial court February 4, 1902. It was shown on the trial that permit had been issued to the applicant in the year 1900, •and that on May 13, 1901, said applicant surrendered the same for cancellation for re... | [
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Bishop, J.
For twenty years or more prior to the time of the accident of which he complains, plaintiff had been a locomotive engineer in the employ of the defendant company, ^or ten years or more he had been required, in common with other enginemen in the employ of the company, to carry on his engine a quantity of fuse... | [
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McClain, J.
About 10 o’clock in the evening of August 5, 1902, one Isaac Finkelstein was found lying on the north side of East Walnut street, in the mouth of the alley between East Sixth and Seventh streets, in Des Moines, with one side of his head mashed, apparently by a club of some kind, and he died within a few min... | [
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Ladd, J.
The Equitable Mutual Life Association of Waterloo, Iowa, was organized in conformity with the provisions of chapter 65 of the Acts of the Twenty-Eirst General Assembly, now incorporated in the Code as chapters 7 and 8 of title 9. Hnder section 4 of that chapter (now section 1787 of the Code) the president, Geo... | [
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Deemer, C. J.
The assignments of error cover a wide range, and present nearly every question which could arise on a trial of this character. It will not be necessary to consider every point made, for most of them have, already been determined adversely to appellant’s contentions in former decisions of this court.
After... | [
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Weaver, J.
In most respects the facts attending the alleged assault committed are not disputed. The appellant was a carrier in the rural mail service in the vicinity of Clear Lake, Iowa, and the prosecuting witness, a young twenty-two years of age, was teaching school in a neighborhood upon or near the mail route. The ... | [
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Deemer, C. J.
The defendant Illinois Central Railroad Company was at the time of the accident which resulted in death of Daniel Campbell, removing material from a gravel pit some distance south of , tii'e city of Cherokee. It was operating-a steam ° . . shovel, and an engine moved ballast cars to and from the pit. One ... | [
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Bishop, J.
It is the contention of plaintiff that he is and at all times has been, the real owner of the property, that he bought it for his own use and benefit, and that he caused title to be made in the name of his son solely because of his understanding at the time that by so doing he could defeat the seizure of the... | [
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Bishop, J.
No question is made concerning the fact of the accident, or as to the character and extent of the injuries sustained by plaintiff. So too, it is conceded, in effect, that proof of the overhead structure placed so low over the tracks as to endanger the safety of brakemen or switchmen riding on top of cars in ... | [
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Siierwin, J.
Mrs. May Chestnutwood testified for the defendant, and after her testimony on the merits of the case she further testified that she had attempted to avoid being a witness in the case, and that before she had been subpoenaed, the plaintiff, at her request and with knowledge of her purpose, had taken her to ... | [
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McClain, J.
The prior proceedings relied upon by defendant as constituting an adjudication and an election of remedy by plaintiff inconsistent with the present action, were had in an action in which the plaintiff first alleged that he had conveyed certain premises described to defendant Sylvester, with the agreement th... | [
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Sherwin, J.
The plaintiff agreed to build certain machines for the use of the defendant in its mill at Cedar Rapids, and to install the same therein. The several machines were to have a specified capacity operated by the number and class of workmen named in the contract. The contract contained the following provision: ... | [
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Sherwin, J.-
The trial court found, and it is conceded by the appellee here, that the provision of the ordinance for fixing the price of lights after the 1st of June, 1901, in case of a disagreement between the , . _ parties, was void. But the city was ordered to fix a fair and reasonable price for the service for the ... | [
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Ladd, J.
On April 12, 1899, the defendant, N. K. Beechley, sold his interest in certain co-partnership and other property, including some shares in the Linn County Abstract Company, to his partners, E. W. Yirden and T. B. Bolton. The contract was evidenced in writing, and, aside from the recitals concerning the propert... | [
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Weaver, J.
The plaintiff is the owner of residence property fronting on Linden street, in the town of Lamoni. By the first count of his petition he alleges that in May, 1901, the defendant, by its officers, excavated and lowered the grade of said street in front of plaintiff’s property, and that the same was so neglige... | [
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McClain, J.
Plaintiff is the owner of the lot north of the fifteen-foot strip in question, and of that strip, so far as his title is not in question in this proceeding; and defendant is the owner of the balance of- lot three, with the exception of a strip along the south side, which is not in any way involved in the pr... | [
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PER CURIAM.
The justices of the court being equally divided, the judgment of the district court is affirmed by operation of law. See Iowa Code § 602.4107 (1999).
DISTRICT COURT JUDGMENT AFFIRMED BY OPERATION OF LAW.
For affirmance: McGIVERIN, C.J., and CARTER, SNELL, and CADY, JJ.
For Reversal: LARSON, LAVORATO, NEUMAN... | [
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ANDREASEN, Justice.
The defendant was convicted on two counts of burglary in the second degree and one count of attempted burglary. In this appeal, the defendant claims he was denied a fair trial because the jury, during its deliberations, inadvertently discovered the defendant’s work release card; that the evidence wa... | [
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CARTER, Justice.
Plaintiff, Myrle Atwood, a Des Moines police officer from 1978 to 1985, appeals from an adverse judgment in a civil rights action alleging sexual discrimination. The defendant is the City of Des Moines (the city), and the issues in the case relate to changes in personnel policies affecting pregnant emp... | [
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SACKETT, Judge.
The issue in this appeal from a dissolution decree is what parent should be granted physical care of the parties’ three children born in 1980, 1983, and 1989.
Petitioner-appellant Diana Kathryn Fen-nell and respondent-appellee David Nathaniel Fennell were married in 1977. David was a high school graduat... | [
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DONIELSON, Presiding Judge.
On August 18, 1990, at approximately 9 p.m., Sioux City Police Officer Dudley Joines observed the defendant, Arturo Guerrero Ramirez, driving without his seat belt fastened and without a functioning license plate illumination light. Officer Joines pulled in behind Ramirez’s car and, with his... | [
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Bishop, J.
Section 2992 of the Code provides that “ a landlord shall have a lien for his rent upon all crops grown upon all the leased premises and upon any other personal property of the tenant which has been used or kept thereon during the term,” etc. In the succeeding section it is provided that “ the lien may be ef... | [
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Bishop, J.
Plaintiff alleges in her petition that she has been a resident of the defendant district since February, 1900; that she became of age in May, 1902, and that, although her parents removed from said district in September, 1902, she remained, and that her residence has been in good faith. She further alleges th... | [
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Weaver, J.
The plaintiff claims to have been injured upon one of the public walks in the city of Glenwood, and that such injury was occasioned by reason of the negligence of the city in the maintenance of the walk at the place of the accident, and without fault on his own part contributing thereto. From verdict and jud... | [
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McClain, J.
In the attachment- proceeding judgment was rendered for the defendants Bigelow & Bigelow, which entitled defendants to have the attachment discharged, and attached property returned to them (Code, section 3930), unless plaintiffs should proceed ^ proper steps to preserve the attachment pending an appeal. Su... | [
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Ladd, J.
The plaintiff alleged that on August 25, 1901, the defendants “ did willfully and maliciously assault this plaintiff, and did then and there strike plaintiff with their fists, and kick her with their feet, thereby maiming and bruising her body, causing her great pain and suffering, for which she has been compe... | [
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McClain, J.
The material portions of the will of Nancy Miller, so far as they relate to the property in controversy, are as follows:
Second. I devise and bequeath all the remainder of my estate, real and personal, wherever situate, unto my six children, named as follows : James M. Miller of Stafford County, Kansas; Mar... | [
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Sherwin, T.
The trespassing stock was distrained by the plaintiff and kept by him several weeks before it was released to the owner, and a part of his claim was for keeping the stock during that time. There were no trustees in the township wherein the stock was distrained, and consequently the plaintiff could not compl... | [
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DOYLE, P.J.
Gregory Hollie Jr. appeals from the judgment and sentence entered following his conviction for driving while barred. He argues the district court erred in denying his motion to suppress as untimely. We disagree and find the district court did not abuse its discretion in denying the motion as untimely. Alter... | [
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HECHT, Justice.
A 2009 executive order announced a ten percent reduction in spending by departments and agencies of state government for the fiscal year ending June 30, 2010. As one part of its response to. the executive order, the Iowa Department of Human Services (IDHS) promulgated temporary rules, adjusting the reim... | [
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REYNOLDSON, Chief Justice.
Defendant Eugene William Brokaw appeals from his conviction, judgment and life sentence for first-degree kidnapping, a violation of Iowa Code sections 710.1(3) and 710.2. We affirm.
The undisputed evidence in this case, corroborated by defendant’s testimony, discloses he abducted a nine-year-... | [
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OXBERGER, Chief Judge.
A juvenile was adjudicated to be delinquent; at a dispositional hearing he was placed in foster care, but at a later review hearing the disposition was modified and the juvenile was placed at the Training School for Boys. The juvenile has appeal ed. He contends the evidence did not support placem... | [
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... |
McGIVERIN, Justice.
The ultimate question here involves what action is appropriate upon our de novo review of the report of our Grievance Commission in this attorney disciplinary proceeding involving respondent David J. Lawler. We suspend his license to practice law indefinitely with no possibility of reinstatement for... | [
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HAYDEN, Judge.
Defendant appeals from his conviction under Iowa Code section 321.561 (1981) of operating a motor vehicle while his license was suspended as a habitual violator. We reverse.
It was stipulated at trial that defendant operated a snowmobile along the shoulder of a city street and crossed a highway while his... | [
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