has adopted rule (Iowa) · Go Syfert
← Iowa issues

has adopted rule in Iowa

5 Iowa opinions name it 1 courts 1882–1939 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Iowa.

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 (9)

CaseCitedYears
Comstock v. Wood neutral
iowa · 1927
1 sentence

1939R. 768, which case has been followed in In re Estate of Mikkelsen, 202 Iowa 842 , 211 N. W. 254 ; Schultz v. Locke, 204 Iowa 1127 , 216 N. W. 617 ; and Lusby v. Wing, 207 Iowa 1287 , 224 N. W. 554 , where we have committed this court to the doctrine that the right of set-off, when it exists, is available'against the real estate as well as the personal property inherited.’ ” We find that this court has adopted the rule that the right of offset exists against the real estate only when the heir is insolvent.

11939–1939
Lusby v. Wing green
iowa · 1929
2 sentences

1939R. 768, which case has been followed in In re Estate of Mikkelsen, 202 Iowa 842 , 211 N. W. 254 ; Schultz v. Locke, 204 Iowa 1127 , 216 N. W. 617 ; and Lusby v. Wing, 207 Iowa 1287 , 224 N. W. 554 , where we have committed this court to the doctrine that the right of set-off, when it exists, is available'against the real estate as well as the personal property inherited.’ ” We find that this court has adopted the rule that the right of offset exists against the real estate only when the heir is insolvent.

1939R. 768, which case has been followed in In re Estate of Mikkelsen, 202 Iowa 842 , 211 N. W. 254 ; Schultz v. Locke, 204 Iowa 1127 , 216 N. W. 617 ; and Lusby v. Wing, 207 Iowa 1287 , 224 N. W. 554 , where we have committed this court to the doctrine that the right of set-off, when it exists, is available'against the real estate as well as the personal property inherited.’ ” We find that this court has adopted the rule that the right of offset exists against the real estate only when the heir is insolvent.

11939–1939
Schultz v. Locke neutral
iowa · 1927
1 sentence

1939R. 768, which case has been followed in In re Estate of Mikkelsen, 202 Iowa 842 , 211 N. W. 254 ; Schultz v. Locke, 204 Iowa 1127 , 216 N. W. 617 ; and Lusby v. Wing, 207 Iowa 1287 , 224 N. W. 554 , where we have committed this court to the doctrine that the right of set-off, when it exists, is available'against the real estate as well as the personal property inherited.’ ” We find that this court has adopted the rule that the right of offset exists against the real estate only when the heir is insolvent.

11939–1939
In Re Estate of Mikkelsen green
iowa · 1926
2 sentences

1939R. 768, which case has been followed in In re Estate of Mikkelsen, 202 Iowa 842 , 211 N. W. 254 ; Schultz v. Locke, 204 Iowa 1127 , 216 N. W. 617 ; and Lusby v. Wing, 207 Iowa 1287 , 224 N. W. 554 , where we have committed this court to the doctrine that the right of set-off, when it exists, is available'against the real estate as well as the personal property inherited.’ ” We find that this court has adopted the rule that the right of offset exists against the real estate only when the heir is insolvent.

1939R. 768, which case has been followed in In re Estate of Mikkelsen, 202 Iowa 842 , 211 N. W. 254 ; Schultz v. Locke, 204 Iowa 1127 , 216 N. W. 617 ; and Lusby v. Wing, 207 Iowa 1287 , 224 N. W. 554 , where we have committed this court to the doctrine that the right of set-off, when it exists, is available'against the real estate as well as the personal property inherited.’ ” We find that this court has adopted the rule that the right of offset exists against the real estate only when the heir is insolvent.

11939–1939
Mennig v. Graves green
iowa · 1931
1 sentence

1932Mennig v. Graves, 211 Iowa 758 .

11932–1932
Buchan v. German American Land Co. neutral
iowa · 1917
1 sentence

1932It is true that no original notice can be served on a person not in esse, altho this court has adopted the rule of virtual representation, and recognized in Buchan v. German American Land Co., 180 Iowa 911 , said doctrine, but refused to extend such doctrine to the extent which is defined in the recent statute (Section 12351-dl, Code, 1931).

11932–1932
Hollis v. State Insurance green
iowa · 1884
1 sentence

1895In Hollis v. Insurance Co., 65 Iowa, 454 , it is said: “When plaintiff asserted a claim under the policy for the loss, and defendant was advised of the facts out of which the forfeiture grew, it had the right to treat the contract as at an end.

11895–1895
State v. Richards green
iowa · 1871
1 sentence

1886State v. Richards, 33 Iowa, 420 .

11886–1886
Murray v. Graham neutral
iowa · 1870
2 sentences

1882Murray v. Graham, 29 Iowa, 520 ; Kranse v. Meyer, 32 Id., 566 ; Morrison Bros., v. Huggins, 53 Id., 76.

1882Murray v. Graham, 29 Iowa, 520 ; Kranse v. Meyer, 32 Id., 566 ; Morrison Bros., v. Huggins, 53 Id., 76.

11882–1882

Where else courts name it

MS 37 (1953–2023) WA 30 (1900–2019) RI 22 (1981–2011) OK 21 (1920–2004) AR 21 (1898–2019) MT 20 (1890–2025) WI 17 (1909–2005) KY 17 (1915–1977) NE 17 (1906–2024) IL 15 (1902–2024) ID 14 (1949–2020) AL 14 (1889–2005) OH 13 (1991–2024) LA 13 (1932–1991) PA 13 (1963–2025) TX 12 (1974–2022) MI 11 (1894–2023) MD 11 (1910–2023) MN 11 (1901–1997) WV 11 (1946–2013) OR 10 (1900–1987) DC 10 (1991–2024) NC 9 (1931–2019) NJ 7 (1996–2024) IN 7 (1885–2004) HI 7 (1988–2019) VT 7 (1998–2020) SD 6 (1905–1995) MO 6 (1911–2003) AZ 6 (1911–1988) IA 5 (1882–1939) CT 5 (1987–2006) ND 4 (1970–2021) UT 4 (1920–1992) CO 4 (1987–2002) KS 4 (1933–2018) CA 4 (1891–1991) NY 4 (1928–2014) NH 3 (1970–1980) VI 3 (2013–2025) FL 3 (1959–1995) WY 2 (1986–1987) DE 2 (1991–2017) TN 2 (1922–1957) MA 2 (1986–2019) GA 2 (1928–1985) NV 2 (1973–2012) AK 2 (2017–2017) NM 2 (1974–1977)

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