32 Iowa opinions name it 2 courts 1894–2020 0 in the last five years
The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Luedtkegreen2 sentences2015See id. 2015See id. | 2 | 2 |
Funk v. United Statesgreen2 sentences2009“When the reasons for the rule disappear, the rule ought to disappear.” Alexander, 646 N.W.2d at 84 (Lavorato, C.J., specially concurring); see also Funk v. United States, 290 U.S. 371, 383 , 54 S.Ct. 212, 216 , 78 L.Ed. 369, 376 (1933) (“It has been said so often as to have become axiomatic that the common law is not immutable but flexible, and by its own principles adapts itself to varying conditions.”). 2009“When the reasons for the rule disappear, the rule ought to disappear.” Alexander, 646 N.W.2d at 84 (Lavorato, C.J., specially concurring); see also Funk v. United States, 290 U.S. 371, 383 , 54 S.Ct. 212, 216 , 78 L.Ed. 369, 376 (1933) (“It has been said so often as to have become axiomatic that the common law is not immutable but flexible, and by its own principles adapts itself to varying conditions.”). | 2 | 2 |
Alexander v. Medical Associates Clinicgreen2 sentences2009“When the reasons for the rule disappear, the rule ought to disappear.” Alexander, 646 N.W.2d at 84 (Lavorato, C.J., specially concurring); see also Funk v. United States, 290 U.S. 371, 383 , 54 S.Ct. 212, 216 , 78 L.Ed. 369, 376 (1933) (“It has been said so often as to have become axiomatic that the common law is not immutable but flexible, and by its own principles adapts itself to varying conditions.”). 2009“When the reasons for the rule disappear, the rule ought to disappear.” Alexander, 646 N.W.2d at 84 (Lavorato, C.J., specially concurring); see also Funk v. United States, 290 U.S. 371, 383 , 54 S. Ct. 212, 216 , 78 L. | 2 | 2 |
Delaney v. Stategreen2 sentences2019Id. (quoting Henderson v. State , 234 Ga. 827 , 218 S.E.2d 612 , 615 (1975) ). 1977“The reasons for the rule prohibiting proof of specific acts of violence appear to be at least threefold: (1) A single act may have been exceptional, unusual, and not characteristic and thus a specific act does not necessarily establish one’s general character; (2) although the state is bound to foresee that the general character of the deceased may be put in issue, it cannot anticipate and prepare to rebut each and every specific act of violence; and (3) permitting proof of specific acts would multiply the issues, prolong the trial and confuse the jury.” Henderson v. State, supra, 234 Ga. at | 1 | 3 |
Pfister v. Iowa District Court for Polk Countygreen1 sentence2017Ct., 688 N.W.2d 790 , 795–96 (Iowa 2004) (“[W]hen the circumstances of a 6 particular case meet the standard set forth in Gagnon [v. Scarpelli, 411 U.S. 778 (1973)], due process requires that counsel be appointed to represent indigent parolees.”). | 1 | 1 |
State v. Williamsgreen1 sentence1994As to juror Rekemeyer, defense counsel said, “Thanks, Your Honor, I would like to challenge this juror for cause.” As to juror Jacobson, defense counsel stated, ‘Tour Honor, I would like to challenge this juror for cause.” Under similar circumstances, this court in State v. Williams, 285 N.W.2d 248, 267 (Iowa 1979), cert. denied, 446 U.S. 921 , 100 S.Ct. 1859 , 64 L.Ed.2d 277 (1980), held that it could not review the court’s ruling because the challenge was not sufficient to preserve any error. | 1 | 1 |
Allmon v. Hale Insurance Agency, Inc.green1 sentence1986See Allmon v. Hale Insurance Agency Inc., 390 N.W.2d 120, 122 (Iowa 1986). | 1 | 1 |
| Leach v. Iowa State Savings Bankgreen | 1 | 1 |
| Andrew v. State Bank of New Hamptongreen | 1 | 1 |
| Whited v. Pearsongreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Jacoby
green
2 sentences2019Id. (quoting Henderson v. State, 218 S.E.2d 612, 615 (Ga. 1975)). 2019Id. (quoting Henderson v. State , 234 Ga. 827 , 218 S.E.2d 612 , 615 (1975) ). | 2 | 2019–2019 |
Henderson v. State
green
2 sentences2019Id. (quoting Henderson v. State , 234 Ga. 827 , 218 S.E.2d 612 , 615 (1975) ). 1977“The reasons for the rule prohibiting proof of specific acts of violence appear to be at least threefold: (1) A single act may have been exceptional, unusual, and not characteristic and thus a specific act does not necessarily establish one’s general character; (2) although the state is bound to foresee that the general character of the deceased may be put in issue, it cannot anticipate and prepare to rebut each and every specific act of violence; and (3) permitting proof of specific acts would multiply the issues, prolong the trial and confuse the jury.” Henderson v. State, supra, 234 Ga. at | 2 | 1977–2019 |
Robertson v. Posnick
green
2 sentences1971The reasons for the rule are well stated in State v. McTague, 173 Minn. 153 , 216 N.W. 787, 788 . 1971The reasons for the rule are well stated in State v. McTague, 173 Minn. 153 , 216 N.W. 787, 788 . | 2 | 1943–1971 |
State v. McTague
green
2 sentences1971The reasons for the rule are well stated in State v. McTague, 173 Minn. 153 , 216 N.W. 787, 788 . 1971The reasons for the rule are well stated in State v. McTague, 173 Minn. 153 , 216 N.W. 787, 788 . | 2 | 1943–1971 |
Dewey v. Chicago & N. W. R. R.
green
2 sentences1937The reasons for this rule have so many times been given that it is needless to do more than cite some of the cases in support thereof: Dewey v. Railroad Co., 31 Iowa 373 ; Royer v. Plaster Co., 147 Iowa 277 , 126 N. W. 168 ; Holland v. Kelly, 149 Iowa 391 , 128 N. W. 338 . 1930The reasons for this rule have so many times been given that it is needless to do more than cite some of the cases in support thereof: Dowey v. Railroad Co., 31 Iowa 373 ; Royer v. Plaster Co., 147 Iowa 277 ; Holland v. Kelly, 149 Iowa 391 .” Again, in Sheridan Bros. v. Dealy, 198 Iowa 877 , we said: “The granting of a new trial is a matter resting largely in the sound discretion of the trial court, and the exercise of this discretion will not be interfered with, where a new trial has been granted, unless it appears to have been abused. | 2 | 1930–1937 |
Royer v. King's Crown Plaster Co.
green
2 sentences1937The reasons for this rule have so many times been given that it is needless to do more than cite some of the cases in support thereof: Dewey v. Railroad Co., 31 Iowa 373 ; Royer v. Plaster Co., 147 Iowa 277 , 126 N. W. 168 ; Holland v. Kelly, 149 Iowa 391 , 128 N. W. 338 . 1937The reasons for this rule have so many times been given that it is needless to do more than cite some of the cases in support thereof: Dewey v. Railroad Co., 31 Iowa 373 ; Royer v. Plaster Co., 147 Iowa 277 , 126 N. W. 168 ; Holland v. Kelly, 149 Iowa 391 , 128 N. W. 338 . | 2 | 1930–1937 |
Holland v. Kelly
green
2 sentences1937The reasons for this rule have so many times been given that it is needless to do more than cite some of the cases in support thereof: Dewey v. Railroad Co., 31 Iowa 373 ; Royer v. Plaster Co., 147 Iowa 277 , 126 N. W. 168 ; Holland v. Kelly, 149 Iowa 391 , 128 N. W. 338 . 1937The reasons for this rule have so many times been given that it is needless to do more than cite some of the cases in support thereof: Dewey v. Railroad Co., 31 Iowa 373 ; Royer v. Plaster Co., 147 Iowa 277 , 126 N. W. 168 ; Holland v. Kelly, 149 Iowa 391 , 128 N. W. 338 . | 2 | 1930–1937 |
Sheridan Bros. v. Dealy
green
2 sentences1937“Again, in Sheridan Bros. v. Dealy, 198 Iowa 877 , 200 N. W. 335 , 336, we said: “ ‘The granting of a new trial is a matter resting largely in the sound discretion of the trial court, and the exercise of this discretion will not be interfered with, where a new trial has been granted, unless it appears to have been abused. 1930The reasons for this rule have so many times been given that it is needless to do more than cite some of the cases in support thereof: Dowey v. Railroad Co., 31 Iowa 373 ; Royer v. Plaster Co., 147 Iowa 277 ; Holland v. Kelly, 149 Iowa 391 .” Again, in Sheridan Bros. v. Dealy, 198 Iowa 877 , we said: “The granting of a new trial is a matter resting largely in the sound discretion of the trial court, and the exercise of this discretion will not be interfered with, where a new trial has been granted, unless it appears to have been abused. | 2 | 1930–1937 |
State of Iowa v. Tina Lynn Thacker
green
1 sentence2020Thacker, 862 N.W.2d at 408 . | 1 | 2020–2020 |
Gagnon v. Scarpelli
red
1 sentence2017Ct., 688 N.W.2d 790 , 795–96 (Iowa 2004) (“[W]hen the circumstances of a 6 particular case meet the standard set forth in Gagnon [v. Scarpelli, 411 U.S. 778 (1973)], due process requires that counsel be appointed to represent indigent parolees.”). | 1 | 2017–2017 |
Burton v. Des Moines Metropolitan Transit Authority
green
2 sentences2011The reasons for this rule are that “after alighting, the passenger’s individual choice directs where he or she will walk,” and “the passenger is in a better position to guard against the dangers of moving vehicles.” Id. 2011By contrast, the “law has estab-' lished some specific duties owed by a school bus driver to pupil/passengers.” Id. at 700 . | 1 | 2011–2011 |
Hereford v. Ajemian
green
1 sentence1994As to juror Rekemeyer, defense counsel said, “Thanks, Your Honor, I would like to challenge this juror for cause.” As to juror Jacobson, defense counsel stated, ‘Tour Honor, I would like to challenge this juror for cause.” Under similar circumstances, this court in State v. Williams, 285 N.W.2d 248, 267 (Iowa 1979), cert. denied, 446 U.S. 921 , 100 S.Ct. 1859 , 64 L.Ed.2d 277 (1980), held that it could not review the court’s ruling because the challenge was not sufficient to preserve any error. | 1 | 1994–1994 |
Schmanski v. United States
green
1 sentence1994As to juror Rekemeyer, defense counsel said, “Thanks, Your Honor, I would like to challenge this juror for cause.” As to juror Jacobson, defense counsel stated, ‘Tour Honor, I would like to challenge this juror for cause.” Under similar circumstances, this court in State v. Williams, 285 N.W.2d 248, 267 (Iowa 1979), cert. denied, 446 U.S. 921 , 100 S.Ct. 1859 , 64 L.Ed.2d 277 (1980), held that it could not review the court’s ruling because the challenge was not sufficient to preserve any error. | 1 | 1994–1994 |
Taylor v. Economopoulos
green
1 sentence1994As to juror Rekemeyer, defense counsel said, “Thanks, Your Honor, I would like to challenge this juror for cause.” As to juror Jacobson, defense counsel stated, ‘Tour Honor, I would like to challenge this juror for cause.” Under similar circumstances, this court in State v. Williams, 285 N.W.2d 248, 267 (Iowa 1979), cert. denied, 446 U.S. 921 , 100 S.Ct. 1859 , 64 L.Ed.2d 277 (1980), held that it could not review the court’s ruling because the challenge was not sufficient to preserve any error. | 1 | 1994–1994 |
McKenna v. Austin
green
2 sentences1970These reasons were most strongly articulated by Justice Rutledge in McKenna v. Austin, 1943, 77 App.D.C. 228 , 134 F.2d 659, 662 , 148 A.L.R. 1253 : “The rule’s results are incongruous. 1970These reasons were most strongly articulated by Justice Rutledge in McKenna v. Austin, 1943, 77 App.D.C. 228 , 134 F.2d 659, 662 , 148 A.L.R. 1253 : “The rule’s results are incongruous. | 1 | 1970–1970 |
Zarrella v. Miller
green
1 sentence1967In support see Zarrella v. Miller, supra. As to the contention that there must be a common liability to the injured person before there can be contribution, I would adopt here what was said in the dissent in Iowa Power and Light Co. v. Abild Construction Co., supra, with reference to the concept of common liability and common culpability or fault without repeating and apply it to the instant case. "* * * Any right to common law contribution is of rather recent origin in the United States and it is proper for the courts to prescribe the terms under which it may be exercised. * * * `[I]t is the | 1 | 1967–1967 |
Second Congregational Society v. Hugh Stubbins & Associates
green
1 sentence1967In support see Zarrella v. Miller, supra. As to the contention that there must be a common liability to the injured person before there can be contribution, I would adopt here what was said in the dissent in Iowa Power and Light Co. v. Abild Construction Co., supra, with reference to the concept of common liability and common culpability or fault without repeating and apply it to the instant ease. * * Amy right to common law contribution is of rather recent origin in the United States and it is proper for the courts to prescribe the terms under which it may be exercised. * * It is the same sys | 1 | 1967–1967 |
Iowa Power and Light Co. v. Abild Construction Co.
green
2 sentences1967In Iowa Power and Light Co. v. Abild Construction Co., 259 Iowa 314, 321 , 144 N.W.2d 303, 307 , in speaking of inter-spousal immunity we said: “While the analogy between this special defense and that of a compensable injury under the Workmen’s Compensation Laws is appropriate, the rationale back of the two special defenses is entirely different.” Although there may be a difference between the rationale back of the special defense under Workmen’s Compensation Laws and that under interspousal immunity, I believe there is an analogy between the reasons for the immunity resulting from family rela 1967In Iowa Power and Light Co. v. Abild Construction Co., 259 Iowa 314, 321 , 144 N.W.2d 303, 307 , in speaking of inter-spousal immunity we said: “While the analogy between this special defense and that of a compensable injury under the Workmen’s Compensation Laws is appropriate, the rationale back of the two special defenses is entirely different.” Although there may be a difference between the rationale back of the special defense under Workmen’s Compensation Laws and that under interspousal immunity, I believe there is an analogy between the reasons for the immunity resulting from family rela | 1 | 1967–1967 |
Allied Mutual Casualty Company v. Long
green
2 sentences1967In support see Zarrella v. Miller, supra. As to the contention that there must be a common liability to the injured person before there can be contribution, I would adopt here what was said in the dissent in Iowa Power and Light Co. v. Abild Construction Co., supra, with reference to the concept of common liability and common culpability or fault without repeating and apply it to the instant ease. * * Amy right to common law contribution is of rather recent origin in the United States and it is proper for the courts to prescribe the terms under which it may be exercised. * * It is the same sys 1967In support see Zarrella v. Miller, supra. As to the contention that there must be a common liability to the injured person before there can be contribution, I would adopt here what was said in the dissent in Iowa Power and Light Co. v. Abild Construction Co., supra, with reference to the concept of common liability and common culpability or fault without repeating and apply it to the instant ease. * * Amy right to common law contribution is of rather recent origin in the United States and it is proper for the courts to prescribe the terms under which it may be exercised. * * It is the same sys | 1 | 1967–1967 |
State v. Keefe
green
2 sentences1943In State v. Keefe, 17 Wyo. 227, 258 , 98 P. 122, 131 , 22 L. 1943In State v. Keefe, 17 Wyo. 227, 258 , 98 P. 122, 131 , 22 L. | 1 | 1943–1943 |
Wilkes v. Hood
green
2 sentences1943“And of course when the reason of the rule ceases, the rule has no application.” Wilkes v. Hood, 237 Ala. 72, 76 , 185 So. 748, 752 , and cases cited; 1 Am. 1943“And of course when the reason of the rule ceases, the rule has no application.” Wilkes v. Hood, 237 Ala. 72, 76 , 185 So. 748, 752 , and cases cited; 1 Am. | 1 | 1943–1943 |
Marine Trust Co. v. Roden
neutral
2 sentences1943S. 1340, section 106b; Marine Trust Co. v. Roden, 218 Mich. 693 , 188 N. W. 397 . -One of the underlying reasons for the rule against splitting a cause of action is' that no person should be unnecessarily harassed with a multiplicity of suits or subjected to costs and expenses incident to two or more suits on the same cause of action. 1943S. 1340, section 106b; Marine Trust Co. v. Roden, 218 Mich. 693 , 188 N. W. 397 . -One of the underlying reasons for the rule against splitting a cause of action is' that no person should be unnecessarily harassed with a multiplicity of suits or subjected to costs and expenses incident to two or more suits on the same cause of action. | 1 | 1943–1943 |
Delaney v. Grand Lodge Ancient Order of United Workmen
neutral
1 sentence1940U. W., 244 Mass. 556, 566 , 138 N. E. 918 , 924, the court expresses the reasons for the rule, as follows: “It doubtless was designed to prevent hostile attacks upon an institution in which large numbers of persons are interested, except through the instrumentality of a public officer, and to render impossible the harm which might come to a solvent and worthy beneficiary corporation insuring great numbers of people through ill-considered proceedings. | 1 | 1940–1940 |
| Moseley v. Ricks green | 1 | 1938–1938 |
| Spain v. Spain green | 1 | 1937–1937 |
| Hakes v. Franke neutral | 1 | 1935–1935 |
| In Re Receivership American Sav. Bank green | 1 | 1933–1933 |
| Post v. City of Dubuque green | 1 | 1930–1930 |
| Woodbury Co. v. Dougherty & Bryant Co. green | 1 | 1930–1930 |
| Rosche v. Bettendorf Axle Co. green | 1 | 1930–1930 |
| Benefiel v. Semper neutral | 1 | 1930–1930 |
| Krumm v. . Beach green | 1 | 1911–1911 |
| Sarazin v. Union Railroad neutral | 1 | 1907–1907 |
| Ex parte Clark green | 1 | 1907–1907 |
| Houston v. Lane green | 1 | 1905–1905 |
| Bailey v. Hughes green | 1 | 1905–1905 |
| Bank of Fort Madison v. Alden neutral | 1 | 1900–1900 |
| Pemberton v. Williams green | 1 | 1900–1900 |
| Galveston Gas Co. v. County of Galveston green | 1 | 1900–1900 |
| Fleetwood v. City of New York neutral | 1 | 1900–1900 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.