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

10 Iowa opinions name it 2 courts 1895–2016 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 (2)

CaseFollowedCited
McCambridge v. Stategreen
texcrimapp · 1989 · cited in 3 Iowa opinions naming this issue, 2016–2016
2 sentences

2016Id. at 75.

2016Id. at 75 .

33
State v. GRAIGgreen
iowa · 1997 · cited in 1 Iowa opinions naming this issue, 2001–2001
1 sentence

2001See Craig, 562 N.W.2d at 636 (failure to accord defendant allocution not harmless error).

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 (10)

CaseCitedYears
In Re Marriage of Schlenker green
iowa · 1981
1 sentence

1997Id.

11997–1997
Petition of Fenchel green
iowa · 1978
1 sentence

1981There may be exceptional cases justifying a departure from this rule although we “do *166 not foresee circumstances in which a dissolution court is justified in issuing its decree piecemeal.” Fenchel, 268 N.W.2d at 209 .

11981–1981
State v. Ormiston green
iowa · 1885
2 sentences

1932Again, discussing an indictment alleged by the defendant to be insufficient to charge a conspiracy, the court in State v. Ormiston, 66 Iowa 143 , 23 N.W. 370 , 372 , said: "Another objection urged is that the indictment does not set out the means which the defendant intended to employ.

1932Again, discussing an indictment alleged by the defendant to be insufficient to charge a conspiracy, the court in State v. Ormiston, 66 Iowa 143 , 23 N.W. 370 , 372 , said: "Another objection urged is that the indictment does not set out the means which the defendant intended to employ.

11932–1932
Kolka v. Jones green
nd · 1897
1 sentence

1917St. 897]); but there is nothing in the case at bar justifying a departure from the doctrine of Wetmore v. Mellinger, supra. The authorities pro and con are reviewed in the case last cited, and in Kolka v. Jones, 6 N. D. 461 (66 Am.

11917–1917
Wetmore v. Mellinger green
iowa · 1884
1 sentence

1917St. 897]); but there is nothing in the case at bar justifying a departure from the doctrine of Wetmore v. Mellinger, supra. The authorities pro and con are reviewed in the case last cited, and in Kolka v. Jones, 6 N. D. 461 (66 Am.

11917–1917
Maples v. State neutral
ala · 1900
1 sentence

1911It would be a departure from the rule, not necessary to give effect to the legislative intent, and not within it, to give the general words ‘or otherwise dispose of’ a meaning so loose and expansive as to include within them any act not akin to a sale or gift, not intended as, and not having in it any of the properties of, a parting with property by one person to another.” Again, in Maples v. State, 130 Ala. 121 ( 30 South. 428 ), the same court said: “The evidence upon the trial was that one Allison asked defendant if he thought he could get him some whisky, and, upon receiving an affirmative

11911–1911
McCrary v. Tasker neutral
iowa · 1875
1 sentence

1895McCrary v. Tasker, 41 Iowa, 255 ; Creswell v. Slack, 68 Iowa, 110 ; Hadley v. Gregory, 57 Iowa, 157 ; Conger v. Cook, 56 Iowa, 117 ; It may be stated as a general rule that immediately upon the death of a testator seized of real estate the title passes to his devisees, subject to the right of creditors through the executor to subject it, if needed, to the payment of debts; and the action to' subject it to the payment of debts must be brought within, one year from the giving of notice, except under peculiar equitable circumstances which justify a departure from the rule by a court of equity.

11895–1895
Conger v. Cook neutral
iowa · 1881
1 sentence

1895McCrary v. Tasker, 41 Iowa, 255 ; Creswell v. Slack, 68 Iowa, 110 ; Hadley v. Gregory, 57 Iowa, 157 ; Conger v. Cook, 56 Iowa, 117 ; It may be stated as a general rule that immediately upon the death of a testator seized of real estate the title passes to his devisees, subject to the right of creditors through the executor to subject it, if needed, to the payment of debts; and the action to' subject it to the payment of debts must be brought within, one year from the giving of notice, except under peculiar equitable circumstances which justify a departure from the rule by a court of equity.

11895–1895
Hadley v. Gregory neutral
iowa · 1881
1 sentence

1895McCrary v. Tasker, 41 Iowa, 255 ; Creswell v. Slack, 68 Iowa, 110 ; Hadley v. Gregory, 57 Iowa, 157 ; Conger v. Cook, 56 Iowa, 117 ; It may be stated as a general rule that immediately upon the death of a testator seized of real estate the title passes to his devisees, subject to the right of creditors through the executor to subject it, if needed, to the payment of debts; and the action to' subject it to the payment of debts must be brought within, one year from the giving of notice, except under peculiar equitable circumstances which justify a departure from the rule by a court of equity.

11895–1895
Creswell v. Slack neutral
iowa · 1885
1 sentence

1895McCrary v. Tasker, 41 Iowa, 255 ; Creswell v. Slack, 68 Iowa, 110 ; Hadley v. Gregory, 57 Iowa, 157 ; Conger v. Cook, 56 Iowa, 117 ; It may be stated as a general rule that immediately upon the death of a testator seized of real estate the title passes to his devisees, subject to the right of creditors through the executor to subject it, if needed, to the payment of debts; and the action to' subject it to the payment of debts must be brought within, one year from the giving of notice, except under peculiar equitable circumstances which justify a departure from the rule by a court of equity.

11895–1895

Statutes the citing opinions construe

IA § Iowa Code § 321J.2 (3) IA § Iowa Code § 321J.6 (3) IA § Iowa Code § 321J.9 (3) IA § Iowa Code § 63.6 (3) IA § Iowa Code § 801.4 (3) IA § Iowa Code § 804.20 (3) IA § Iowa Code § 815.10 (3) USC § 18u.s.c.3182 (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

NY 129 (1848–2026) WA 99 (1896–2026) OR 53 (1887–2022) TX 52 (1856–2024) CA 47 (1910–2025) PA 45 (1895–2026) MN 40 (1888–2026) OH 35 (1924–2026) IL 32 (1899–2024) FL 31 (1929–2025) MI 25 (1894–2022) NJ 22 (1891–2026) MD 22 (1930–2025) TN 21 (1882–2012) AL 20 (1879–2000) KS 19 (1900–2022) VA 18 (1842–2013) NE 17 (1902–2022) MA 16 (1862–2012) MO 16 (1878–2018) MS 16 (1962–2008) CO 14 (1899–2013) IN 14 (1891–2024) SD 14 (1966–2024) WI 13 (1880–2006) LA 13 (1848–1991) DC 13 (1975–2021) ND 13 (1905–2022) MT 12 (1887–2024) AZ 12 (1938–2024) WV 11 (1907–2024) RI 11 (1966–2020) IA 10 (1895–2016) NC 8 (1898–2026) NM 8 (1914–2022) AR 6 (1898–2004) GA 6 (1859–2022) NV 6 (1926–2018) UT 6 (1891–2007) HI 6 (1978–2018) SC 5 (1932–2010) KY 5 (1913–1998) CT 5 (1974–2019) OK 4 (1927–2018) ME 4 (1854–2009) NH 4 (1840–2014) ID 4 (1928–2005) WY 4 (1963–2004) VT 4 (1926–2015) DE 3 (1961–1991) AK 3 (1886–2013)

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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