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

7 Iowa opinions name it 2 courts 1939–2010 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
Rosenau Ex Rel. Rosenau v. City of Esthervillegreen
iowa · 1972 · cited in 1 Iowa opinions naming this issue, 1982–1982
1 sentence

1982In Rosenau v. City of Estherville, 199 N.W.2d 125, 131 (Iowa 1972), the court stated: The term “assumption of risk” as used by courts, assumes two different meanings. (1) In one sense, it is an alternative expression for the proposition that defendant was not negligent, i.e., either owed no duty or did not breach the duty owed.

11
Cole v. Hartford Accident & Indemnity Co.green
iowa · 1951 · cited in 1 Iowa opinions naming this issue, 1953–1953
2 sentences

1953The first of these assigned reasons supports the holding the claim against Shutts was not barred by limitations because of Code section 614.4 or because of the doctrine of fraudulent concealment, independent of statute, first announced by us in District Township of Boomer v. French, 40 Iowa 601 , 603: “* * * where the party against whom a cause of action existed in favor of another, by fraud or actual fraudulent concealment prevented such other from obtaining knowledge thereof, the statute would only commence to run from the time the right of action was discovered, or might, by the use of dili

1953The first of these assigned reasons supports the holding the claim against Shutts was not barred by limitations because of Code section 614.4 or because of the doctrine of fraudulent concealment, independent of statute, first announced by us in District Township of Boomer v. French, 40 Iowa 601 , 603: “* * * where the party against whom a cause of action existed in favor of another, by fraud or actual fraudulent concealment prevented such other from obtaining knowledge thereof, the statute would only commence to run from the time the right of action was discovered, or might, by the use of dili

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
United States v. Fred James Lemay, III green
ca9 · 2001
2 sentences

2010Holding rule 414 does not violate the "Due Process Clause of the Constitution, the court stated, “[a]s long as the protections of Rule 403 remain in place to ensure that potentially devastating evidence of little probative value will not reach the jury, the right to a fair trial remains adequately safeguarded.” Id. at 1026 .

2010Holding rule 414 does not violate the Due Process Clause of the Constitution, the court stated, “[a]s long as the protections of Rule 403 remain in place to ensure that potentially devastating evidence of little probative value will not reach the jury, the right to a fair trial remains adequately safeguarded.” Id. at 1026 .

22010–2010
Ritchie v. Schaefer green
iowa · 1963
2 sentences

1963Ritchie v. Schaefer, 254 Iowa 1107 , 120 N.W.2d. 444 , cites both the Hansen case, and Stewart v.. Wild, supra, in .reaffirming- the holding that violation of the statutes there involved is prima facie evidence of negligence.

1963Ritchie v. Schaefer, 254 Iowa 1107 , 120 N.W.2d. 444 , cites both the Hansen case, and Stewart v.. Wild, supra, in .reaffirming- the holding that violation of the statutes there involved is prima facie evidence of negligence.

11963–1963
District Township of Boomer v. French green
iowa · 1875
1 sentence

1953The first of these assigned reasons supports the holding the claim against Shutts was not barred by limitations because of Code section 614.4 or because of the doctrine of fraudulent concealment, independent of statute, first announced by us in District Township of Boomer v. French, 40 Iowa 601 , 603: “* * * where the party against whom a cause of action existed in favor of another, by fraud or actual fraudulent concealment prevented such other from obtaining knowledge thereof, the statute would only commence to run from the time the right of action was discovered, or might, by the use of dili

11953–1953
Soderland v. Graeber green
iowa · 1921
2 sentences

1953Code section 614.4 provides, so far as applicable: “In actions for relief on the ground of fraud * * * the cause of action shall not be deemed to have accrued until the fraud * * * shall have been discovered by the party aggrieved.” The second of the reasons above-mentioned supports the holding the claim against Shutts was not barred by limitations *191 because Code section 614.5 states: “When there is a continuous, open, current account, the cause of action shall be deemed to have accrued on the date of the last item therein, as proved on the trial.” The decisions the former opinion cites in

1953Code section 614.4 provides, so far as applicable: “In actions for relief on the ground of fraud * * * the cause of action shall not be deemed to have accrued until the fraud * * * shall have been discovered by the party aggrieved.” The second of the reasons above-mentioned supports the holding the claim against Shutts was not barred by limitations *191 because Code section 614.5 states: “When there is a continuous, open, current account, the cause of action shall be deemed to have accrued on the date of the last item therein, as proved on the trial.” The decisions the former opinion cites in

11953–1953
Bidwell Coal Co. v. Davidson green
iowa · 1919
1 sentence

1942And so in Bidwell Coal Co. v. Davidson, 187 Iowa 809, 818 , 174 N. W. 592 , 595, 8 A. L.

11942–1942
Reeves v. Northwestern Manufacturing Co. green
iowa · 1926
2 sentences

1942Co., 202 Iowa 136 , 209 N. W. 289 , where there was a holding that the requirement of the statute as to indorsement *1144 upon the application by the industrial commissioner was sufficiently complied with by filing his separate approval.

1942Co., 202 Iowa 136 , 209 N. W. 289 , where there was a holding that the requirement of the statute as to indorsement *1144 upon the application by the industrial commissioner was sufficiently complied with by filing his separate approval.

11942–1942
Huiskamp v. Breen neutral
iowa · 1935
2 sentences

1939Co. v. White, 208 Iowa 519 , 223 N. W. 884 , 225 N. W. 868 ; Geil v. Babb, 214 Iowa 263 , 242 N. W. 34 ; Johnson v. Miller, 217 Iowa 295 , 251 N. W. 747 ; Huiskamp v. Breen, 220 Iowa 29 , 260 N. W. 70 .

1939Co. v. White, 208 Iowa 519 , 223 N. W. 884 , 225 N. W. 868 ; Geil v. Babb, 214 Iowa 263 , 242 N. W. 34 ; Johnson v. Miller, 217 Iowa 295 , 251 N. W. 747 ; Huiskamp v. Breen, 220 Iowa 29 , 260 N. W. 70 .

11939–1939
Fidelity Investment Co. v. White green
iowa · 1929
2 sentences

1939Co. v. White, 208 Iowa 519 , 223 N. W. 884 , 225 N. W. 868 ; Geil v. Babb, 214 Iowa 263 , 242 N. W. 34 ; Johnson v. Miller, 217 Iowa 295 , 251 N. W. 747 ; Huiskamp v. Breen, 220 Iowa 29 , 260 N. W. 70 .

1939Co. v. White, 208 Iowa 519 , 223 N. W. 884 , 225 N. W. 868 ; Geil v. Babb, 214 Iowa 263 , 242 N. W. 34 ; Johnson v. Miller, 217 Iowa 295 , 251 N. W. 747 ; Huiskamp v. Breen, 220 Iowa 29 , 260 N. W. 70 .

11939–1939
Geil v. Babb green
iowa · 1932
2 sentences

1939Co. v. White, 208 Iowa 519 , 223 N. W. 884 , 225 N. W. 868 ; Geil v. Babb, 214 Iowa 263 , 242 N. W. 34 ; Johnson v. Miller, 217 Iowa 295 , 251 N. W. 747 ; Huiskamp v. Breen, 220 Iowa 29 , 260 N. W. 70 .

1939Co. v. White, 208 Iowa 519 , 223 N. W. 884 , 225 N. W. 868 ; Geil v. Babb, 214 Iowa 263 , 242 N. W. 34 ; Johnson v. Miller, 217 Iowa 295 , 251 N. W. 747 ; Huiskamp v. Breen, 220 Iowa 29 , 260 N. W. 70 .

11939–1939
Johnson v. Miller neutral
iowa · 1933
2 sentences

1939Co. v. White, 208 Iowa 519 , 223 N. W. 884 , 225 N. W. 868 ; Geil v. Babb, 214 Iowa 263 , 242 N. W. 34 ; Johnson v. Miller, 217 Iowa 295 , 251 N. W. 747 ; Huiskamp v. Breen, 220 Iowa 29 , 260 N. W. 70 .

1939Co. v. White, 208 Iowa 519 , 223 N. W. 884 , 225 N. W. 868 ; Geil v. Babb, 214 Iowa 263 , 242 N. W. 34 ; Johnson v. Miller, 217 Iowa 295 , 251 N. W. 747 ; Huiskamp v. Breen, 220 Iowa 29 , 260 N. W. 70 .

11939–1939

Where else courts name it

TX 76 (1895–2024) NY 72 (1889–2024) CA 69 (1869–2026) PA 44 (1906–2024) WV 42 (1895–2026) IL 39 (1920–2023) OH 34 (1937–2024) FL 34 (1928–2016) MD 30 (1928–2024) MI 26 (1961–2026) WA 25 (1927–2025) MO 22 (1883–2019) AL 22 (1849–2025) GA 21 (1913–2020) TN 19 (1956–2023) IN 18 (1923–2019) LA 18 (1961–2024) MS 16 (1944–2020) WI 15 (1909–2016) VA 14 (1874–2022) OR 14 (1903–1999) NJ 13 (1944–2015) KY 13 (1917–2026) CO 13 (1888–2025) CT 12 (1942–2021) MA 11 (1939–2020) MN 10 (1885–2001) AR 9 (1969–2002) OK 9 (1911–2023) RI 8 (1967–2016) ID 8 (1980–2025) AZ 8 (1956–2026) KS 8 (1913–2024) NC 7 (1916–2010) DE 7 (1923–2022) HI 7 (1904–2015) IA 7 (1939–2010) NE 6 (1908–1998) SC 6 (1912–1989) DC 6 (1975–2016) MT 5 (1923–2007) UT 5 (1981–2017) AK 4 (1986–1994) VT 3 (2014–2025) NH 3 (1933–2007) PR 3 (1951–1967) NV 3 (1980–2012) WY 3 (1933–2018) ND 2 (1910–2002) SD 2 (1949–2003)

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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