saving clause (Iowa) · Go Syfert
← Iowa issues

saving clause in Iowa

13 Iowa opinions name it 1 courts 1850–2021 1 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.

Followed or applied (4)

CaseFollowedCited
Pilot Life Insurance v. Dedeauxgreen
scotus · 1987 · cited in 1 Iowa opinions naming this issue, 1989–1989
2 sentences

1989See Pilot Life, 481 U.S. at 45 , 107 S.Ct. at 1552 , 95 L.Ed.2d at 46 (“The saving clause excepts from the preemption clause laws that ‘regulate insurance.’ ”).

1989See Pilot Life, 481 U.S. at 45 , 107 S.Ct. at 1552 , 95 L.Ed.2d at 46 (“The saving clause excepts from the preemption clause laws that ‘regulate insurance.’ ”).

11
Jennings v. Schmitzgreen
iowa · 1945 · cited in 1 Iowa opinions naming this issue, 1979–1979
2 sentences

1979More recently, we stated in Jennings v. Schmitz, 237 Iowa 580, 588 , 20 N.W.2d 897, 902 (1945): The fact that proceedings in rem might have been instituted against property of the [defendants] in this state does not render the saving clause found in 11013 [now section 614.6, The Code 1977] inapplicable.

1979More recently, we stated in Jennings v. Schmitz, 237 Iowa 580, 588 , 20 N.W.2d 897, 902 (1945): The fact that proceedings in rem might have been instituted against property of the [defendants] in this state does not render the saving clause found in 11013 [now section 614.6, The Code 1977] inapplicable.

11
Board of Education v. Iowa State Board of Public Instructiongreen
iowa · 1968 · cited in 1 Iowa opinions naming this issue, 1968–1968
1 sentence

1968See Board of Education of Green Mountain Independent School District et al. v. Iowa State Board, Iowa, 157 N.W.2d 919 , at pages 920 and 921 of opinion filed April 9, 1968.

11
Adams v. Bealegreen
iowa · 1865 · cited in 1 Iowa opinions naming this issue, 1866–1866
1 sentence

1866See Adams v. Beale and Wife, 19 Iowa, 61 . 3. mobtaAa5¿íar‘ It is a universal rule that the interest of any person in mortgaged property, although acquired subsequent to the mortgage (unless the mortgage contains a power of sale), can only, be divested or barred, by making such person a party to the foreclosure proceedings.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
Easterwood v. CSX Transportation, Inc. green
gand · 1990
1 sentence

2021Id.

12021–2021
Grant v. Norris green
iowa · 1957
2 sentences

1959Certiorari proceeding was brought to test the legality of the formation of the consolidated district, trial was had and on appeal the questions then at issue were decided by this court in Grant v. Norris, 249 Iowa 236 , 85 N.W.2d 261 .

1959Certiorari proceeding was brought to test the legality of the formation of the consolidated district, trial was had and on appeal the questions then at issue were decided by this court in Grant v. Norris, 249 Iowa 236 , 85 N.W.2d 261 .

11959–1959
Newgirg v. Black green
iowa · 1916
1 sentence

1945Newgirg v. Black, 174 Iowa 636, 645 , 156 N. W. 708 .

11945–1945
Chambers v. State green
tex · 1860
1 sentence

1933App.) 531, which case is bottomed on Holden v. State, 1 Texas Appeals 225; Harold v. State, 16 Texas Appeals 157; Chambers v. State, 25 Texas 307 . ■While the revived statute of the state of Texas has a general saving clause somewhat stronger than that in the Iowa statute, no reference whatever to such saving clause is made in any of these Texas cases, and each of the opinions is based upon the general rule that, if a penal statute is repealed, without a saving clause, there can be no prosecution or punishment for a violation of it before repeal.

11933–1933
State v. Sipes green
iowa · 1926
2 sentences

1930State v. Townsend, 66 Iowa 741 ; State v. Perigo, 70 Iowa 657 ; State v. Sipes, 202 Iowa 173 .

1930As. heretofore stated, the saving clause in an instruction of this kind is the phrase “in the absence of other proof to the contrary.” See State v. Hayden, supra. In State v. Sipes, 202 Iowa 173 , l. c. 187, it is said: “This instruction (the one then under consideration) should have been qualified by saying that, in the absence of any evidence showing justification or excuse, the presumption is conclusive. ’ ’ The instruction in the instant. case respected the proper limitation and consequently the alleged error in this particular avails nothing.

11930–1930
State v. Townsend green
iowa · 1885
1 sentence

1930State v. Townsend, 66 Iowa 741 ; State v. Perigo, 70 Iowa 657 ; State v. Sipes, 202 Iowa 173 .

11930–1930
State v. Perigo green
iowa · 1886
1 sentence

1930State v. Townsend, 66 Iowa 741 ; State v. Perigo, 70 Iowa 657 ; State v. Sipes, 202 Iowa 173 .

11930–1930
State v. Hayden green
iowa · 1906
1 sentence

1930As. heretofore stated, the saving clause in an instruction of this kind is the phrase “in the absence of other proof to the contrary.” See State v. Hayden, supra. In State v. Sipes, 202 Iowa 173 , l. c. 187, it is said: “This instruction (the one then under consideration) should have been qualified by saying that, in the absence of any evidence showing justification or excuse, the presumption is conclusive. ’ ’ The instruction in the instant. case respected the proper limitation and consequently the alleged error in this particular avails nothing.

11930–1930
Van Liew v. Norwood-White Coal Co. neutral
iowa · 1920
1 sentence

1923The provision in the lease considered in Van Liew v. Norwood-White Coal Co., 190 Iowa 79 , contained the following provision: “Or until such time prior thereto as the minable coal under said premises shall have become exhausted.” We' said, in interpreting this language of the contract, that: “It is not necessary that the lessee should remove all the merchantable coal.

11923–1923
Thatcher v. Haun neutral
· 1861
1 sentence

1875Thatcher v. Hann, 12 Iowa, 303 .

11875–1875
Jackson v. Bradt green
nysupct · 1804
1 sentence

1872Jackson v. Brandt, 2 Caines, 169 ; Angell on Lim., § 484; Moore v. Armstrong, 10 Ohio, 11; Bronson v. Adams, id. 135.

11872–1872
Shelby v. Guy green
scotus · 1826
1 sentence

1850See also, 13 N. H. 80; 14 Peters 141 ; 11 Wheat. 361 .

11850–1850
The Bank of Alexandria, in Error v. Edward and Francis Dyer, in Error neutral
scotus · 1840
1 sentence

1850See also, 13 N. H. 80; 14 Peters 141 ; 11 Wheat. 361 .

11850–1850

Where else courts name it

CA 241 (1854–2025) IL 120 (1876–2023) NY 79 (1867–2024) TX 64 (1910–2025) WA 35 (1874–2025) MI 35 (1848–2022) PA 34 (1837–2021) IN 33 (1845–2017) LA 33 (1913–2001) OH 31 (1840–2025) CT 30 (1925–2026) MA 29 (1872–2015) FL 28 (1917–2021) MO 24 (1875–2020) AL 24 (1845–1998) KS 24 (1885–2010) MD 23 (1904–2026) OR 21 (1908–2021) MS 19 (1879–2018) NM 19 (1918–2021) OK 19 (1910–2003) MN 18 (1891–2001) NJ 18 (1942–2024) GA 17 (1908–2024) AZ 14 (1927–2020) NE 13 (1880–2015) TN 13 (1939–2017) IA 13 (1850–2021) NC 13 (1894–2014) AR 12 (1886–2006) KY 12 (1910–2014) CO 12 (1881–2010) WV 11 (1895–2016) ND 10 (1893–2011) SC 8 (1925–2015) MT 8 (1898–2002) RI 7 (1892–1999) PR 7 (1926–1987) NH 7 (1939–2021) HI 6 (1913–2014) SD 6 (1938–2011) ME 6 (1833–1979) VA 6 (1928–2023) VT 5 (1905–2011) DE 5 (1928–1963) WI 5 (1886–2018) WY 4 (1895–1991) DC 3 (1949–1996) UT 3 (1937–2026) VI 2 (2015–2026)

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.

← Caselaw search · G Cite Topics · Brief Check