John W. Anderson

This case was an appeal from a district court judgment in a paternity action under chapter 544-A1 of the 1935 Iowa Code, brought by the mother to establish that the defendant was the father of her child born out of wedlock and to obtain support orders. The trial court declared paternity, ordered the defendant to pay confinement costs and monthly support until the child turned sixteen, and directed that he be jailed for up to a year if he did not post a bond or make payments. The Iowa Supreme Court reversed the imprisonment and contempt portions of the judgment, holding that the action is civil rather than criminal, that the statutory provisions authorizing jail commitment or contempt without a hearing or finding of willful noncompliance violate the Iowa Constitution, and that those punishment sections are therefore void.

family lawcriminal lawprocedure

This case concerned challenges by an existing private utility provider and others to a city's plans to build and operate a municipal electric plant funded through revenue bonds. The opponents argued that the special election lacked sufficient votes, involved fraud or misleading ballots, featured noncompetitive bidding due to discrepancies in plans and specifications, and that the construction contracts were invalid for failing to specify a maximum rate for electricity charged to the municipality. The trial court upheld the election but enjoined the contracts on the bidding and rate issues. The Iowa Supreme Court reversed the injunction, holding that the election was valid under the applicable statutes requiring only a simple majority, that the contracts complied with the law when payment was made in cash from bond proceeds rather than future earnings, and that the maximum-rate requirement did not apply to such construction contracts.

electionsbusiness & regulatory

The case concerned a dispute over entitlement to a $6,000 payment under a 1930 right-of-way easement for a natural gas pipeline across land in Marion County, Iowa. The easement required the pipeline company to either purchase a 20-rod strip or remove the line if strip coal mining began on the north eighty acres. After strip mining started in 1937, the company elected to buy the strip, but coal lessee Albert Penn sued for the payment while original owners, the bank, and related parties intervened claiming the funds. The court held that Penn had no title to convey because the coal lease was subject to the easement and he had agreed not to excavate the strip until the company elected; the intervenors were entitled to the payment upon delivering clear title and ensuring back-filling of excavations, which Penn was ordered to perform or pay $1,500 for. The decision rested on the chain of title, the easement language reserving mineral rights but conditioning the purchase option, and Penn's knowledge of the restrictions.

property

This case was a libel action brought by two attorneys against a newspaper publisher, its editor, and a distributor, alleging that a front-page article falsely accused them of unethical stalling tactics while handling an appeal in a client's criminal case. The trial court sustained the defendants' demurrer and dismissed the petition for failure to state a claim. The Iowa Supreme Court affirmed, holding that the article was not libelous per se under the statutory definition because it did not charge the plaintiffs with any unlawful or unprofessional conduct even by innuendo, made no direct reference to them, and no special damages were alleged.

torts & liabilitycriminal law

This case was a replevin action brought by the Orris plaintiffs against the executor of Clara Aken's estate to obtain possession of a deed to real estate in Lehigh, Iowa, that Aken had executed in 1935 naming the plaintiffs as grantees. The Iowa Supreme Court reversed the trial court's ruling in favor of the plaintiffs, holding that the deed had not been delivered and therefore did not pass title. The core reasoning was that delivery requires both the grantor's intent to convey and an act relinquishing control, which were absent because the deed remained in Aken's safety deposit box, was never given to or seen by the grantees, and was never recorded. The court overruled prior inconsistent decisions and reaffirmed that the burden to prove effective delivery rests on the grantees.

propertyprocedure

The case concerned Emerson State Bank’s effort to collect on a promissory note signed by A.G. Cole, secured in part by a written agreement with his father Eleazar Cole that limited collection to A.G.’s share of the father’s estate, along with an alleged oral agreement that Eleazar would not change his will devising specific real property to his son. After Eleazar died, having altered his will and transferred assets, the bank amended its petition to assert equitable claims based on the oral promise and moved to transfer the action to equity; the trial court granted the transfer and entered judgment for the bank. The Iowa Supreme Court affirmed, finding the oral agreement fully supported by the record, given in consideration for the bank’s agreement to carry the debt until Eleazar’s death, and enforceable against the estate.

business & regulatoryproperty