rigid rule (Iowa) · Go Syfert
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rigid rule in Iowa

11 Iowa opinions name it 2 courts 1951–2016 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 (12)

CaseFollowedCited
Aid Insurance Co. v. Davis Countygreen
iowa · 1988 · cited in 2 Iowa opinions naming this issue, 1989–2016
2 sentences

2016While noting “the easier course would require naming these parties,” the court did not require such a rigid rule when the released parties “are otherwise sufficiently identified in a manner that the parties to the release would know who was to be benefitted.” Id. at 633 .

1989Id. at 633 (emphasis added).

12
State v. Cullisongreen
iowa · 1975 · cited in 1 Iowa opinions naming this issue, 1996–1996
1 sentence

1996State v. Cullison, 227 N.W.2d 121, 127 (Iowa 1975); see also State v. Smith, 546 N.W.2d 916, 926 (Iowa 1996).

11
State v. Smithgreen
iowa · 1996 · cited in 1 Iowa opinions naming this issue, 1996–1996
1 sentence

1996State v. Cullison, 227 N.W.2d 121, 127 (Iowa 1975); see also State v. Smith, 546 N.W.2d 916, 926 (Iowa 1996).

11
Tragarz v. Keene Corporationgreen
ca7 · 1993 · cited in 1 Iowa opinions naming this issue, 1994–1994
1 sentence

1994See Tragarz v. Keene Corp., 980 F.2d 411, 420-21 (7th Cir.1992) (application of the three prongs may vary under different circumstances).

11
Truhitte v. French Hospitalgreen
calctapp · 1982 · cited in 1 Iowa opinions naming this issue, 1991–1991
2 sentences

1991And although some states still apply the doctrine, see, e.g., Young by and through Young v. Carpenter, 694 P.2d 861, 863 (Colo.App.1984), and California courts are split on the issue, compare Schultz by and through Schultz v. Mutch, 211 Cal.Rptr. 445 , 450 (1985) (Court of Appeal opinion endorsing doctrine; California Supreme Court denied hearing and ordered no official publication), with Truhitte v. French Hosp., 128 Cal.App.3d 332, 348-49 , 180 Cal.Rptr. 152, 160 (1982) (disapproving doctrine), the majority of courts shun this rigid doctrine of vicarious liability.

1991And although some states still apply the doctrine, see, e.g., Young by and through Young v. Carpenter, 694 P.2d 861, 863 (Colo.App.1984), and California courts are split on the issue, compare Schultz by and through Schultz v. Mutch, 211 Cal.Rptr. 445 , 450 (1985) (Court of Appeal opinion endorsing doctrine; California Supreme Court denied hearing and ordered no official publication), with Truhitte v. French Hosp., 128 Cal.App.3d 332, 348-49 , 180 Cal.Rptr. 152, 160 (1982) (disapproving doctrine), the majority of courts shun this rigid doctrine of vicarious liability.

11
Young by and Through Young v. Carpentergreen
coloctapp · 1984 · cited in 1 Iowa opinions naming this issue, 1991–1991
1 sentence

1991And although some states still apply the doctrine, see, e.g., Young by and through Young v. Carpenter, 694 P.2d 861, 863 (Colo.App.1984), and California courts are split on the issue, compare Schultz by and through Schultz v. Mutch, 211 Cal.Rptr. 445 , 450 (1985) (Court of Appeal opinion endorsing doctrine; California Supreme Court denied hearing and ordered no official publication), with Truhitte v. French Hosp., 128 Cal.App.3d 332, 348-49 , 180 Cal.Rptr. 152, 160 (1982) (disapproving doctrine), the majority of courts shun this rigid doctrine of vicarious liability.

11
Sparger v. Worley Hospital, Inc.green
tex · 1977 · cited in 1 Iowa opinions naming this issue, 1991–1991
1 sentence

1991See Sparger v. Worley Hosp., Inc., 547 S.W.2d 582, 584 (Tex.1977) (rejecting captain of ship concept in favor of borrowed servant doctrine); Parker v. Vanderbilt Univ., 767 S.W.2d 412, 415 (Tenn.App.1988) (same).

11
Parker v. Vanderbilt Universitygreen
tennctapp · 1988 · cited in 1 Iowa opinions naming this issue, 1991–1991
1 sentence

1991See Sparger v. Worley Hosp., Inc., 547 S.W.2d 582, 584 (Tex.1977) (rejecting captain of ship concept in favor of borrowed servant doctrine); Parker v. Vanderbilt Univ., 767 S.W.2d 412, 415 (Tenn.App.1988) (same).

11
National Labor Relations Board v. Phelpsgreen
ca5 · 1943 · cited in 1 Iowa opinions naming this issue, 1988–1988
1 sentence

1988See Jarrott, 225 F.Supp. at 833 ; National Labor Relations Board v. Phelps, 136 F.2d 562, 563 (5th Cir.1943).

11
Jarrott v. Scrivenergreen
dcd · 1964 · cited in 1 Iowa opinions naming this issue, 1988–1988
1 sentence

1988See Jarrott, 225 F.Supp. at 833 ; National Labor Relations Board v. Phelps, 136 F.2d 562, 563 (5th Cir.1943).

11
Travis v. Travisgreen
ga · 1971 · cited in 1 Iowa opinions naming this issue, 1981–1981
2 sentences

1981See Travis v. Travis, 227 Ga. 406, 409 , 181 S.E.2d 61, 63 (1971) (remarriage of divorced spouses operates, at most, to relieve husband of further obligation to make installment payments of alimony, but does not affect accrued payments, which remain sole property of judgment holder); Scheibel v. Scheibel, 204 Neb. 653, 654 , 284 N.W.2d 572, 573 (1979) (remarriage of parties will not operate as matter of law to prohibit holder of support order from instituting action to collect arrearage).

1981See Travis v. Travis, 227 Ga. 406, 409 , 181 S.E.2d 61, 63 (1971) (remarriage of divorced spouses operates, at most, to relieve husband of further obligation to make installment payments of alimony, but does not affect accrued payments, which remain sole property of judgment holder); Scheibel v. Scheibel, 204 Neb. 653, 654 , 284 N.W.2d 572, 573 (1979) (remarriage of parties will not operate as matter of law to prohibit holder of support order from instituting action to collect arrearage).

11
Scheibel v. Scheibelgreen
neb · 1979 · cited in 1 Iowa opinions naming this issue, 1981–1981
2 sentences

1981See Travis v. Travis, 227 Ga. 406, 409 , 181 S.E.2d 61, 63 (1971) (remarriage of divorced spouses operates, at most, to relieve husband of further obligation to make installment payments of alimony, but does not affect accrued payments, which remain sole property of judgment holder); Scheibel v. Scheibel, 204 Neb. 653, 654 , 284 N.W.2d 572, 573 (1979) (remarriage of parties will not operate as matter of law to prohibit holder of support order from instituting action to collect arrearage).

1981See Travis v. Travis, 227 Ga. 406, 409 , 181 S.E.2d 61, 63 (1971) (remarriage of divorced spouses operates, at most, to relieve husband of further obligation to make installment payments of alimony, but does not affect accrued payments, which remain sole property of judgment holder); Scheibel v. Scheibel, 204 Neb. 653, 654 , 284 N.W.2d 572, 573 (1979) (remarriage of parties will not operate as matter of law to prohibit holder of support order from instituting action to collect arrearage).

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 (6)

CaseCitedYears
Spaur v. Owens-Corning Fiberglas Corp. green
iowa · 1994
1 sentence

1997Id.

11997–1997
Hamilton v. Wosepka green
iowa · 1967
2 sentences

1983Rejecting the rigid rule as “amounting] to judicial prejudgment of a situation which may be entirely different than that presupposed by it,” id. at 157 , we examined the intent of the court entering the dissolution decree, in light of extrinsic evidence received under the doctrine of Hamilton v. Wosepka, 261 Iowa 299 , 154 N.W.2d 164 (1967).

1983Rejecting the rigid rule as “amounting] to judicial prejudgment of a situation which may be entirely different than that presupposed by it,” id. at 157 , we examined the intent of the court entering the dissolution decree, in light of extrinsic evidence received under the doctrine of Hamilton v. Wosepka, 261 Iowa 299 , 154 N.W.2d 164 (1967).

11983–1983
Peters v. Peters green
iowa · 1974
1 sentence

1983Rejecting the rigid rule as “amounting] to judicial prejudgment of a situation which may be entirely different than that presupposed by it,” id. at 157 , we examined the intent of the court entering the dissolution decree, in light of extrinsic evidence received under the doctrine of Hamilton v. Wosepka, 261 Iowa 299 , 154 N.W.2d 164 (1967).

11983–1983
Mississippi River Fuel Corp. v. Illinois Commerce Commission green
ill · 1953
2 sentences

1968So also the case of Mississippi River Fuel Corp. v. Illinois Commerce Commission, 1 Ill.2d 509 , 116 N.E.2d 394 holds contra to our conclusion here.

1968So also the case of Mississippi River Fuel Corp. v. Illinois Commerce Commission, 1 Ill.2d 509 , 116 N.E.2d 394 holds contra to our conclusion here.

11968–1968
Livingston v. McDonald green
· 1866
1 sentence

1951The rigid rule was adopted in our early case, of Livingston v. McDonald, 21 Iowa 160 , that “the owner of the higher land has no right, even in the course of the use and improvement of his farm, to collect the surface water upon his own lands into a drain or ditch, increased in quantity or in a manner different from the natural flow, upon the lower lands of another, to the injury of such [lower] lands.” (Quotation from headnote.) But this rule has been modified in the interest of agriculture to permit the upper proprietor to drain his land into a natural watercourse without liability to a lowe

11951–1951
Martin v. Schwertley neutral
iowa · 1912
2 sentences

1951Martin v. Schwertley, 155 Iowa 347, 351 , 136 N.W. 218 , 40 L.

1951Martin v. Schwertley, 155 Iowa 347, 351 , 136 N.W. 218 , 40 L.

11951–1951

Statutes the citing opinions construe

IA § Iowa Code § 668.7 (3)

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

CA 107 (1881–2026) NY 88 (1862–2023) IL 78 (1868–2024) PA 73 (1846–2025) TX 64 (1887–2022) NJ 62 (1880–2022) TN 54 (1879–2026) OH 47 (1884–2024) MD 41 (1949–2023) FL 38 (1885–2018) MA 36 (1936–2023) MI 31 (1863–2021) WI 30 (1909–2023) WA 29 (1903–2020) MO 27 (1882–2017) MN 26 (1890–2024) GA 25 (1895–2020) DC 25 (1973–2024) WV 23 (1888–2020) AR 21 (1954–2020) OK 21 (1906–2016) OR 21 (1898–2019) LA 20 (1944–2012) ID 18 (1899–2024) CO 18 (1890–2025) IN 17 (1878–2015) NC 17 (1895–2019) UT 16 (1951–2022) AZ 15 (1923–2024) MT 15 (1933–2026) AK 13 (1974–2018) NE 13 (1902–2022) MS 13 (1929–2012) KS 13 (1872–2018) VA 13 (1837–2009) SD 12 (1956–2022) DE 12 (1958–2024) KY 12 (1925–2020) CT 12 (1959–2025) ND 11 (1898–2010) IA 11 (1951–2016) VT 10 (1848–2025) AL 10 (1893–2007) RI 10 (1996–2023) NM 9 (1962–2012) NH 9 (1979–2019) ME 8 (1936–2025) NV 7 (1909–2016) SC 7 (1966–2015) WY 5 (1966–2025) HI 5 (1960–2024)

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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