presumption doctrine (Iowa) · Go Syfert
← Iowa issues

presumption doctrine in Iowa

12 Iowa opinions name it 2 courts 1920–2025 2 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 (6)

CaseFollowedCited
Lamberto v. Bowngreen
iowa · 1982 · cited in 2 Iowa opinions naming this issue, 2002–2025
2 sentences

2025Lamberto v. Bown, 326 N.W.2d 305, 309 (Iowa 1982); see, e.g., Bandstra, 913 N.W.2d at 51–55.

2002See Lamberto, 326 N.W.2d at 309 (there is a presumption the privilege applies if the resisting party is a member of the protected class).

22
Daniel Lado v. State of Iowagreen
iowa · 2011 · cited in 1 Iowa opinions naming this issue, 2025–2025
1 sentence

2025See Lado, 804 N.W.2d at 251–53.

11
Valerie Bandstra, Anne Bandstra, Ryan Bandstra and Jason Bandstra v. Covenant Reformed Churchgreen
iowa · 2018 · cited in 1 Iowa opinions naming this issue, 2025–2025
1 sentence

2025Lamberto v. Bown, 326 N.W.2d 305, 309 (Iowa 1982); see, e.g., Bandstra, 913 N.W.2d at 51–55.

11
Speckel Ex Rel. Speckel v. Perkinsgreen
minnctapp · 1985 · cited in 1 Iowa opinions naming this issue, 2014–2014
1 sentence

2014See, e.g., Speckel v. Perkins, 364 N.W.2d 890, 893 (Minn. Ct. App. 1985) (“A duty to inquire may be imposed on the person receiving the offer when there are factors that reasonably raise a presumption of error.

11
Pettes v. Stategreen
iowa · 1988 · cited in 1 Iowa opinions naming this issue, 2014–2014
1 sentence

2014Pettes v. State, 418 N.W.2d 53, 56 (Iowa 1988).

11
State v. Myersgreen
iowa · 1966 · cited in 1 Iowa opinions naming this issue, 1980–1980
2 sentences

1980See, e. g., State v. Myers, 258 Iowa 940, 952 , 140 N.W.2d 891, 898 (1966).

1980See, e. g., State v. Myers, 258 Iowa 940, 952 , 140 N.W.2d 891, 898 (1966).

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 (11)

CaseCitedYears
State v. Prouty green
iowa · 1974
1 sentence

1984We rejected a similar argument with regard to a presumption instruction in Prouty, 219 N.W.2d at 678 : But the State contends other instructions given, placing the burden of proof on the prosecution at all trial stages, served to dissipate any error inherent in the controverted instruction.

11984–1984
Sandstrom v. Montana green
scotus · 1979
2 sentences

1979Since this instruction clearly conveys to the jury the notion of permissiveness in the application of this inference, we are not presented with a presumption in violation of Sandstrom v. Montana, — U.S. —, 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979).

1979Since this instruction clearly conveys to the jury the notion of permissiveness in the application of this inference, we are not presented with a presumption in violation of Sandstrom v. Montana, — U.S. —, 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979).

11979–1979
County Court of Ulster Cty. v. Allen green
scotus · 1979
2 sentences

1979Rather, this case is controlled by County Court of Ulster Co., New York v. Allen, — U.S. —, 99 S.Ct. 2213 , 60 L.Ed.2d 777 (1979).

1979Rather, this case is controlled by County Court of Ulster Co., New York v. Allen, — U.S. —, 99 S.Ct. 2213 , 60 L.Ed.2d 777 (1979).

11979–1979
Edwards v. Tracy green
iowa · 1927
2 sentences

1935Greene (Iowa) 387, at page 390, this court, referring to an attachment proceeding, said: “The proceeding being in derogation of the common law, and of a violent character,’ it should affirmatively appear hy the officer’s return, that the provisions of the statute had been strictly observed, as the jurisdiction of the court over the property depends entirely upon a legal levy. * * * 1 “In proceedings in attachment, the jurisdiction of the court is obtained by special authority, derived from the legislature, and hence the doctrine of presumption, as applicable to courts in the exercise of common

1935Greene (Iowa) 387, at page 390, this court, referring to an attachment proceeding, said: “The proceeding being in derogation of the common law, and of a violent character,’ it should affirmatively appear hy the officer’s return, that the provisions of the statute had been strictly observed, as the jurisdiction of the court over the property depends entirely upon a legal levy. * * * 1 “In proceedings in attachment, the jurisdiction of the court is obtained by special authority, derived from the legislature, and hence the doctrine of presumption, as applicable to courts in the exercise of common

11935–1935
Curry v. Allen neutral
iowa · 1880
2 sentences

1935Gurry v. Allen, 55 Iowa 318 , 7 N. W. 635 ; Eads v. Pitkin, 3 G.

1935Gurry v. Allen, 55 Iowa 318 , 7 N. W. 635 ; Eads v. Pitkin, 3 G.

11935–1935
In Re Receivership American Sav. Bank green
iowa · 1930
1 sentence

1931Bank of Marengo, 210 Iowa 568 : “Unless the facts warrant it, application of the presumption rule' will not be made to property other than cash in the -bank when its doors were closed.

11931–1931
Long ex rel. Long v. Ottumwa Railway & Light Co. green
iowa · 1913
1 sentence

1923Co., 162 Iowa 11 ; Johnston v. Delano, 175 Iowa 498 ; Haller v. Quaker Oats Co., 181 Iowa 389 ; Blakesley v. Standard Oil Co., 193 Iowa 315 , and cases cited at page 322.

11923–1923
Johnston v. Delano green
iowa · 1915
1 sentence

1923Co., 162 Iowa 11 ; Johnston v. Delano, 175 Iowa 498 ; Haller v. Quaker Oats Co., 181 Iowa 389 ; Blakesley v. Standard Oil Co., 193 Iowa 315 , and cases cited at page 322.

11923–1923
Haller v. Quaker Oats Co. neutral
iowa · 1917
1 sentence

1923Co., 162 Iowa 11 ; Johnston v. Delano, 175 Iowa 498 ; Haller v. Quaker Oats Co., 181 Iowa 389 ; Blakesley v. Standard Oil Co., 193 Iowa 315 , and cases cited at page 322.

11923–1923
Blakesley v. Standard Oil Co. green
iowa · 1921
1 sentence

1923Co., 162 Iowa 11 ; Johnston v. Delano, 175 Iowa 498 ; Haller v. Quaker Oats Co., 181 Iowa 389 ; Blakesley v. Standard Oil Co., 193 Iowa 315 , and cases cited at page 322.

11923–1923
Swan v. Mitchell green
iowa · 1891
1 sentence

1920Such presumption should be indulged under the presumption that error must affirmatively appear.” In Swan v. Mitchell, 82 Iowa 307 , the mortgage contained the following proviso: “And it is also expressly stipulated and agreed between the parties hereto that, in the event of any failure to pay said sums of money, or any part thereof, or the interest thereon, when due and payable, or to perform any of the covenants as above provided, then the said second party shall be, and is hereby, authorized by himself or agent, at his option, to take immediate possession of said property, and remove all per

11920–1920

Where else courts name it

TX 159 (1926–2026) MI 135 (1857–2026) CA 90 (1866–2026) MO 51 (1858–2024) IL 46 (1890–2026) OH 44 (1956–2026) IN 43 (1896–2025) NY 39 (1904–2026) WA 32 (1894–2026) FL 30 (1914–2025) NJ 28 (1895–2026) MD 27 (1868–2026) PA 26 (1916–2025) AK 23 (1974–2025) OK 21 (1924–2012) CT 18 (1904–2021) AL 18 (1873–2026) GA 17 (1927–2024) MN 17 (1940–2024) UT 16 (1887–2025) MS 15 (1894–2013) OR 15 (1914–2020) WI 14 (1930–2021) HI 13 (1987–2025) NM 13 (1930–2025) WY 13 (1960–2024) ND 13 (1960–2023) IA 12 (1920–2025) CO 12 (1984–2024) MA 11 (1903–2024) TN 10 (1992–2019) AZ 10 (1970–2026) VA 10 (1903–2024) MT 10 (1896–2025) NE 9 (1906–2025) AR 9 (1968–2002) DC 9 (1986–2024) KY 9 (1922–2016) NV 9 (1926–2017) LA 9 (1965–2021) KS 9 (1979–2024) NC 7 (1900–2016) SD 6 (1927–2023) VT 5 (1974–2011) DE 4 (1911–2016) WV 4 (1951–2025) RI 4 (1951–2025) ME 4 (1848–1973) NH 4 (1926–2007) SC 3 (1930–2016) ID 2 (1967–1980)

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