Iowa Code » Chapter 611 — ACTIONS
Iowa Code

Iowa Code § 611.4 (2026)

Equitable proceedings

✓ current as of July 2026
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The plaintiff may prosecute an action by equitable proceedings in all cases where courts of equity, before the adoption of this Code, had jurisdiction, and must so proceed in all cases where such jurisdiction was exclusive. [R60, §2611; C73, §2508; C97, §3427; C24, 27, 31, 35, 39, §10941; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §611.4]

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Notes of Decisions
Cited in 9 cases, 1946–1993 · leading case: Matter of Oseing, 296 N.W.2d 797 (Iowa 1980).
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Matter of Oseing, 296 N.W.2d 797 (Iowa 1980). · cites it 6× “Special actions are tried as ordinary actions at law unless made tria-ble in equity by statute or pursuant to section 611.4. Chapter 229 has no provision making the action triable in equity.”
Life Investors Ins. Co. of Am. v. Heline, 285 N.W.2d 31 (Iowa 1979). · cites it 6× “Section 611.4, however, preserves equitable jurisdiction for all actions if they were in equity at common law.”
Davis Ex Rel. Grant v. Davis, 67 N.W.2d 566 (Iowa 1954). · cites it 2× “Section 611.4, Code of 1950, states when a court of equity may act in the absence of statutory authorization.”
Miller v. Sioux Gateway Fire Dep't, 497 N.W.2d 838 (Iowa 1993). · cites it 2× “Previously, we have held that chapter 601A actions “do not fall within the ambit of section 611.4 which allows the prosecution of an equitable proceeding ‘where courts of equity, before adoption of this Code had jurisdiction.”
Greenstreet v. Clark, 239 N.W.2d 143 (Iowa 1976). “Although sections 611.4 and 611.10, The Code, preserve the right to have purely equitable issues tried in equity even if they arise in ordinary proceedings, there is no statutory counterpart providing for a law trial of purely law issues arising in an equity matter.”
In re Adoption of Perkins, 49 N.W.2d 248 (Iowa 1951). · cites it 2× “Code section 611.4. “In all other cases, unless otherwise provided, the plaintiff must prosecute his action ly ordinary proceedings.”
Grandon v. Ellingson, 144 N.W.2d 898 (Iowa 1966). “Sections 611.4 and 611.10, Code of Iowa, preserve the right to have purely equitable issues tried in equity even if they arise in ordinary proceedings.”
Gahwiller v. Gahwiller, 25 N.W.2d 485 (Iowa 1946). · cites it 2× “” Section 611.4, Code of 1946 (section 10941, Code of 1939), provides that: “The plaintiff may prosecute his action by equitable proceedings in all cases where courts of equity, before the adoption of this code, had jurisdiction, and must so proceed in all cases where such…”
Smith v. ADM Feed Corp., 456 N.W.2d 378 (Iowa 1990). · cites it 8× “The legislative remedy provided in chapter 601A for civil rights violations was unknown at common law. Thus, claims filed pursuant to chapter 601A do not fall within the ambit of section 611.”
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