enacting clause (Iowa) · Go Syfert
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enacting clause in Iowa

12 Iowa opinions name it 2 courts 1865–1995 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.

Followed or applied (3)

CaseFollowedCited
Iowa Beef Processors, Inc. v. Millergreen
iowa · 1981 · cited in 3 Iowa opinions naming this issue, 1983–1995
2 sentences

1995It reasoned that (1) “[djefining employment that ‘is principally localized in this state’ to allow benefits to be based exclusively upon the domicile of the employee ... would, in our opinion, be arbitrary”; (2) “[i]f the legislature ... intended to provide Iowa workers’ compensation benefits to employees who sustain injuries outside the state exclusively on the basis of domicile in this state, we do not believe that it would have utilized the ‘employment is principally localized in this state’ language in the enacting clause”; and (3) “the legislative intent underlying the enactment of sectio

1995Miller also concluded that the definitional clause “or if he is domiciled in this state” must be construed in conjunction with the enacting clause “employment [that] is principally localized in this state.” Miller, 312 N.W.2d at 533 .

13
State v. Di Pagliagreen
iowa · 1955 · cited in 1 Iowa opinions naming this issue, 1981–1981
2 sentences

1981We have often said that the legislature may be its own lexicographer, and that we are bound to follow its definitions, State v. Di Paglia, 247 Iowa 79, 84 , 71 N.W.2d 601, 604 (1955), and may not add words or change terms under the guise of judicial construction.

1981We have often said that the legislature may be its own lexicographer, and that we are bound to follow its definitions, State v. Di Paglia, 247 Iowa 79, 84 , 71 N.W.2d 601, 604 (1955), and may not add words or change terms under the guise of judicial construction.

11
State v. Burnsgreen
iowa · 1917 · cited in 1 Iowa opinions naming this issue, 1946–1946
1 sentence

1946Most of the confusion has grown out of the mistake of considering the position of. the exception in the statute as conclusive in itself (e. g., State v. Burns, supra, 181 Iowa 1098, 1102, 1103 , 165 N. W. 346 ).

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 (12)

CaseCitedYears
State v. Beneke neutral
iowa · 1859
2 sentences

1946The rule as sometimes stated is that, if the exception is found in the enacting clause, it must be negatived, but if found in the statute after general words of prohibition then it need not be. [Citing State v. Van Vliet, supra; State v. Beneke, supra; and State v. Williams, supra; together with some cases from other jurisdictions.] While this is not perhaps an entirely accurate statement it is sufficient for present purposes. ” (Italics supplied.) It is impossible to reconcile the language of all our decisions.

1907State v. Van Vliet, 92 Iowa, 476 ; State v. Beneke, 9 Iowa, 203 ; Russell v. State, 50 Ind. 174 ; Commonwealth v. Hart, 11 Cush.

21907–1946
State v. Demarce green
iowa · 1946
2 sentences

1983DeMarce, 237 Iowa at 652-53 , 23 N.W.2d at 444 . *462 Chapter 99B contains ten different exceptions to section 725.7.

1983DeMarce, 237 Iowa at 652-53 , 23 N.W.2d at 444 . *462 Chapter 99B contains ten different exceptions to section 725.7.

11983–1983
State v. Williams green
iowa · 1865
1 sentence

1946The rule as sometimes stated is that, if the exception is found in the enacting clause, it must be negatived, but if found in the statute after general words of prohibition then it need not be. [Citing State v. Van Vliet, supra; State v. Beneke, supra; and State v. Williams, supra; together with some cases from other jurisdictions.] While this is not perhaps an entirely accurate statement it is sufficient for present purposes. ” (Italics supplied.) It is impossible to reconcile the language of all our decisions.

11946–1946
Shick v. Howe green
iowa · 1908
1 sentence

1932In Schick v. Howe (1908), 137 Iowa 249 , a daughter by adoption of an intestate was involved.

11932–1932
Russell v. State green
ind · 1875
1 sentence

1907State v. Van Vliet, 92 Iowa, 476 ; State v. Beneke, 9 Iowa, 203 ; Russell v. State, 50 Ind. 174 ; Commonwealth v. Hart, 11 Cush.

11907–1907
State v. VanVliet green
iowa · 1894
1 sentence

1907State v. Van Vliet, 92 Iowa, 476 ; State v. Beneke, 9 Iowa, 203 ; Russell v. State, 50 Ind. 174 ; Commonwealth v. Hart, 11 Cush.

11907–1907
Parkyn v. Travis neutral
iowa · 1879
1 sentence

1903Plaintiffs, recognizing the force of Proska v. McCormack, 56 Iowa, 318 , and Parkyn v. Travis, 50 Iowa, 436 , and other like cases, contend, however, that, while the majority might have been right had the limitation been a contract one, vigorously contend that they are all wrong in applying the rules there announced to a statutory limitation.

11903–1903
Proska v. McCormick neutral
iowa · 1881
1 sentence

1903Plaintiffs, recognizing the force of Proska v. McCormack, 56 Iowa, 318 , and Parkyn v. Travis, 50 Iowa, 436 , and other like cases, contend, however, that, while the majority might have been right had the limitation been a contract one, vigorously contend that they are all wrong in applying the rules there announced to a statutory limitation.

11903–1903
Freeman v. Travelers' Insurance neutral
· 1887
1 sentence

1894Freeman v. Insurance Co., 144 Mass. 572 , 12 N. E.

11894–1894
The Marianna Flora green
scotus · 1826
1 sentence

1870Wayman v. Southard, 11 Wheat. 1 .

11870–1870
Lequat v. People green
· 1849
1 sentence

1865Or, as the rule is stated in Sequet v. The People, 11 Ill., 330 , “ if there be any exception in the same clause of the act which creates the offense, the indictment must show affirmatively that the defendant does not come within the exception; but if the exception or proviso be in a subsequent clause or statute, or, if in the same section, and not incorporated with the enacting clause by any words of reference, it is in that case matter of defense, and-need not be negatived in the pleading.” See also, Metzker v. The People, 14 Ill., 101 ; Romp v. The State, 3 G.

11865–1865
Metzker v. People green
ill · 1852
1 sentence

1865Or, as the rule is stated in Sequet v. The People, 11 Ill., 330 , “ if there be any exception in the same clause of the act which creates the offense, the indictment must show affirmatively that the defendant does not come within the exception; but if the exception or proviso be in a subsequent clause or statute, or, if in the same section, and not incorporated with the enacting clause by any words of reference, it is in that case matter of defense, and-need not be negatived in the pleading.” See also, Metzker v. The People, 14 Ill., 101 ; Romp v. The State, 3 G.

11865–1865

Statutes the citing opinions construe

IA § Iowa Code § 85.71 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 53 (1874–2025) NY 42 (1862–2015) AL 39 (1874–2013) GA 32 (1868–2019) PA 30 (1833–2018) FL 27 (1904–2025) TX 26 (1881–2016) WA 24 (1901–2002) CA 20 (1882–2014) MI 16 (1890–2016) OK 15 (1908–2005) MO 14 (1886–2016) NC 14 (1885–2017) OR 13 (1912–1993) NJ 13 (1828–1975) CT 12 (1856–2018) KS 12 (1902–1998) AR 12 (1897–2014) IN 12 (1875–1969) IA 12 (1865–1995) MN 11 (1898–2017) HI 11 (1904–2019) MD 10 (1881–2024) NE 10 (1895–1989) WV 9 (1889–1991) MA 9 (1896–2015) WI 8 (1909–1980) NM 7 (1889–1988) SD 6 (1899–2021) KY 6 (1914–1994) UT 6 (1900–1939) VA 6 (1922–2006) ME 5 (1830–1970) LA 5 (1926–2009) CO 4 (1903–2025) NV 4 (1875–2006) MT 4 (1890–1958) RI 3 (1886–1989) TN 3 (1907–2006) MS 2 (1877–1911) VT 2 (1883–1898) ID 2 (1965–1990) PR 2 (1916–1926) DE 2 (1947–1969) OH 2 (1898–1911)

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.

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