John W. kintzinger

This case concerned property tax assessments in Des Moines, Iowa, where local officials divided the city into zones, appraised land and improvements using unit costs minus depreciation, and then applied arbitrary location-based discounts ranging from 2 to 50 percent, resulting in unequal valuations for similar properties. Thousands of taxpayers challenged the assessments before the local board and appealed to district court. The Iowa Supreme Court held that the State Board of Assessment and Review had authority under the code to order corrections to these discriminatory practices by requiring uniform valuation methods across zones, without conducting new individual assessments. The court reversed the lower court, finding the state board's order addressed aggregate inequalities rather than reassessing specific properties.

taxesproperty

In Hoover v. Mutual Trust Life Insurance, a farmer who purchased life insurance policies providing monthly disability benefits sued the insurer after developing progressive arthritis that left him substantially unable to perform physical farm labor since 1937, though he could give general directions to hired help from his bed or home. The policies defined total disability as preventing the insured from engaging in any occupation or performing work for compensation of financial value. The trial court overruled the defendant's motion for a directed verdict, the jury returned a verdict for the plaintiff, and the Iowa Supreme Court affirmed on appeal. The court reasoned that the evidence showed the plaintiff's physical limitations prevented him from engaging in his farming occupation, that any minimal supervision did not qualify as an occupation, and that total disability under the policy did not require absolute helplessness, making the issue a proper jury question under controlling precedents.

business & regulatory

In Schultz v. Metropolitan Life Insurance, a nonresident plaintiff sued the defendant insurance company for damages, and the defendant moved for an order requiring the plaintiff to post a bond for costs under Iowa Code section 11245. The motion was supported by an affidavit from one of the defendant's attorneys stating that the company had a good defense and that the plaintiff was a nonresident; the trial court overruled the motion on grounds that the affidavit was insufficient and untimely. The Iowa Supreme Court reversed, holding that a corporation may properly make the required affidavit through its attorney under the attorney's statutory powers to execute instruments for the defense of an action, and that the motion was timely because the statute permits filing at any time before answering and the parties' correspondence had extended the deadline. The court distinguished prior precedent requiring earlier filing when a court order had set a specific deadline.

procedure

The case concerned the interpretation of Eldora E. Myers's will, which devised a life estate in two farms to her husband W. S. Myers and a one-half interest in those farms to the legal heirs of her deceased father, to be distributed according to law upon the husband's death. Ralph S. Flanagan, one such heir and a nephew of the testator, died before the life tenant but had conveyed his interest to his wife, the plaintiff. The court held that the devise created a vested remainder in the ascertained heirs living at the testator's death, including Ralph, rather than a contingent remainder dependent on surviving the life tenant. This conclusion followed from the will's language identifying definite beneficiaries and postponing only possession and enjoyment until the life estate ended, allowing Ralph's interest to pass validly by deed.

property

The case Ford v. Young involved a dispute over whether James M. Young had entered into an oral agreement with Richard Ford to leave all his property to Fred Ford in exchange for Fred living with and working for Young until age 21. The plaintiff Fred Ford claimed he performed under the agreement by living with the Youngs as their son and working on their farm, but after Young's death, his collateral relatives (defendants) inherited the property instead. The lower court ruled in favor of the plaintiff, and on appeal the Iowa Supreme Court affirmed, holding that there was sufficient evidence to establish the oral contract despite it being unwitnessed directly, based on performance and corroborating circumstances including a purported will favoring the plaintiff.

propertyfamily law

In this case, a husband filed for divorce on grounds of desertion and cruel treatment after the couple separated in 1933, while his wife filed a cross-petition for separate maintenance on similar grounds. The lower court denied the divorce and awarded the wife separate maintenance of $15 per month until the husband provided a home and support. On appeal, the court affirmed, finding insufficient evidence that the wife had engaged in desertion or cruel treatment endangering the husband's life. The court also determined that the husband had failed to provide a separate home or adequate support, instead insisting on living with his family, which constituted desertion warranting the maintenance award. The decision rested on factual review of the evidence, with deference to the trial court's findings amid conflicting testimony.

family law

The case involved the city of Sioux City suing contractors Jensen & Krage for failing to construct street pavement to the six-inch thickness required by their 1931 contract, seeking damages for the deficiency plus costs of coring tests to measure thickness. The defendants moved to strike parts of the petition, claiming misjoinder of parties and causes because the city was acting partly as trustee for abutting property owners while also pursuing its own claim for coring expenses. The court overruled the motions and affirmed, ruling that the single contract authorized both recoveries and that Iowa Code section 10968 permitted the city to sue in its own name for the benefit of others without joining them. It further held that section 10960 allowed joinder of the related claims since they arose from the same transaction and could be tried together.

procedurebusiness & regulatory

This case concerned an election contest challenging the victory of city council candidates in Iowa City who campaigned against establishing a municipally owned electric light plant. The dissent describes how the incumbent utility company, after its franchise renewal was rejected by voters, offered consumers refunds from an impounded fund exceeding $72,000 if the city abandoned its municipal plant plans, with these offers publicized through monthly notices, advertisements, and tied to the candidates' platform opposing the plant. The opinion concludes that these conditional promises amounted to bribery under Iowa Code sections 5629 and 981, which allow contesting elections when an incumbent offers rewards to procure votes, and that the bribed votes were illegal even without the candidates' direct knowledge or involvement. Drawing on precedents like Dishon v. Smith and Phipps v. Welch, the dissent reasons that the offers influenced a sufficient number of the roughly 5,500 consumers to taint the election outcome and require its invalidation.

electionscriminal lawbusiness & regulatory

The case involved a plaintiff injured when an automobile he was riding in failed to turn onto U.S. Highway No. 6 at an intersection in West Liberty, Iowa, and instead continued south over drainage gutters on East Third Street, causing jolts that threw him from his seat. The plaintiff sued the town for negligence in the design and maintenance of the street improvements. The trial court directed a verdict for the defendant town, and the Iowa Supreme Court affirmed. The court held that the town was not liable because the street and gutters were constructed according to plans and specifications prepared by a competent engineer and approved by the town council, an exercise of governmental discretion for which municipalities enjoy immunity, with no showing of negligence in the actual construction or ongoing maintenance.

torts & liability

In Smith v. Secor, plaintiff Jennie L. Smith paid $1,500 to defendants Loraine LaVani and Alson Secor in January 1934 for shares in a proposed Iowa Hemp & Fibre Corporation that was never organized or incorporated. The lower court granted a directed verdict for Smith against LaVani for money had and received but directed a verdict for Secor, finding the funds went only to LaVani. On appeal, the Iowa Supreme Court affirmed the judgment against LaVani but reversed as to Secor, holding that the evidence showed both defendants jointly received and used the money for the hemp rights contract, and that their failure to form the corporation left them liable to repay the funds without any established offset or defense.

business & regulatory

This case involved a challenge by plaintiffs to the validity of a 1937 special election in Primghar, Iowa, authorizing a municipal electric light or power plant financed solely by revenue bonds, as well as the subsequent construction contract awarded after plans and specifications were approved. Plaintiffs argued the ballot was defective because it used the disjunctive "or" rather than "and," rendering it ambiguous and unauthorized under the governing statute, and that the contract varied from the specifications regarding callable bonds. The lower court rejected these claims, and the Iowa Supreme Court affirmed, holding that the statute's use of "or" permitted a combined plant, that "or" could be construed conjunctively in context, and that the ballot substantially complied with statutory form requirements without ambiguity. The court further found no material variance invalidating the contract and no other grounds for relief, including issues related to bond rates and refunding provisions. The judgment upholding the election and contract was affirmed.

electionsbusiness & regulatory

The case concerned a challenge to the validity of a February 1936 special election in New Market, Iowa, authorizing a municipal electric light and power plant under the Simmer Law. Plaintiffs filed a petition for certiorari alleging that poll books, ballots, and results were never properly filed or preserved, that no canvass of votes occurred, and that no records of the outcome were made by the town council or clerk until more than a year later by a newly constituted council. The Iowa Supreme Court held that the undisputed evidence showed wholesale violations of statutory post-election requirements for preserving ballots, delivering poll books, and timely canvassing returns. Because these failures rendered the election incomplete, the court reversed the district court's order confirming the election and sustained the writ of certiorari.

electionsprocedure

This case concerned a challenge to the Polk County board of supervisors' establishment of a benefited water district under chapter 148 of the 47th General Assembly. An original petition signed by more than 25 percent of resident property owners in a proposed area was later amended to add adjacent territory, also with sufficient signatures from that added area; the board combined them into one district, prepared plans, held an election, and accepted a bid. The plaintiff argued the board lacked jurisdiction because the final district was not supported by the required signatures or all statutory elements from the combined area. The Iowa Supreme Court reversed the trial court's dismissal, holding that the petitions failed to describe the established district with the necessary approximate boundaries or meet the 25 percent signature threshold and other requirements for the full area, so the board exceeded its authority.

propertyprocedure

In Walker v. Todd, the plaintiff sued the defendant to recover on a $625 promissory note that the defendant had executed in connection with a deed, lease, and option to repurchase an 80-acre farm. The defendant contended that the note was delivered only on the condition that it would become payable if he exercised the repurchase option within three years, which he did not do. The trial court admitted parol evidence from the defendant and his wife about this alleged condition and submitted the issue to the jury, which returned a verdict for the defendant. On appeal, the court affirmed, holding that under Iowa Code section 9476 (incorporating Uniform Negotiable Instruments Act section 16), parol evidence is admissible between immediate parties to show that delivery of a note was conditional and not intended to create an enforceable obligation unless the condition occurred.

propertyprocedure

In this case, charitable legatees under the will of Adaline Mowery sued in equity to compel the administratrix of her estate to purchase a life annuity policy for Kate Smith, a life beneficiary entitled to $30 monthly payments from a $10,000 trust fund, in order to close the pending probate estate and distribute the remainder to the plaintiffs. The defendants moved to dismiss, arguing that the probate court had exclusive jurisdiction over the ongoing administration and that the will did not authorize such an annuity purchase. The trial court sustained the motion, and the Iowa Supreme Court affirmed, holding that a court of equity lacks authority to intervene in or direct the distribution of assets in a pending probate proceeding and that the will's terms were unambiguous and did not permit rewriting to allow the requested annuity. The court noted that any such request must be directed to the probate court, which has sole jurisdiction over the estate's administration and assets.

propertyprocedure

This case involved a claim by an injured plaintiff who obtained a $2,000 judgment against Fred Brannen after a 1935 car collision and sought to recover from Brannen's liability insurer, Standard Surety & Casualty Co. The policy, procured through Brannen's employer, correctly described the insured vehicle as a 1935 six-cylinder Plymouth sedan owned by Brannen in Des Moines but listed incorrect motor and serial numbers due to an error. The insurer argued that the mismatched numbers meant the policy did not cover the car and barred recovery. The court held that the numbers were only part of the vehicle's description and that the policy covered the car because it was otherwise sufficiently identified by its make, model, year, ownership, and the fact that Brannen owned no other vehicle; the insurer's intent to cover that specific car was also evident. The judgment in favor of the plaintiff was therefore affirmed.

torts & liabilitybusiness & regulatory

This case involved a daughter's claim against her father's estate seeking payment for board, lodging, and care she provided him for roughly twelve years after her mother's death in 1922. The trial court, sitting without a jury, found an implied contract existed based on evidence of the father's progressive illness requiring constant care, his appreciation of the services, and surrounding circumstances showing mutual expectation of compensation, awarding $4,027.50. The appellate court affirmed, ruling that the trial court's factual findings had substantial evidentiary support and overcame the presumption that services within a family relationship are gratuitous absent an implied agreement to pay.

family law

The case involved three Sioux City police officers discharged in 1935 on charges of demanding protection money to permit violations of state liquor laws. The Civil Service Commission upheld the discharges of two officers after a consolidated hearing but reinstated the third without back pay; the district court affirmed these rulings on certiorari review. The Iowa Supreme Court held that the commission's consideration of unsworn grand jury minutes was improper hearsay, but found sufficient direct testimony to support one discharge and that the commission had statutory discretion to deny compensation for the suspension period of the reinstated officer. The court concluded the commission acted within its jurisdiction and not illegally, affirming the lower court's annulment of the writs.

procedurelabor & employmentcriminal law

In Fitchner v. Walling, buyers and sellers entered a 1928 contract for the sale of 80 acres in Woodbury County for $11,000, with a promissory note due in 1939 and the buyers taking possession in 1929; the land was subject to an existing mortgage that the sellers later defaulted on after the buyers failed to pay required interest and taxes. The mortgage was foreclosed, a receiver took possession, and title passed to the mortgagee in 1934, prompting the buyers to sue for rescission of the contract and cancellation of the note. The trial court granted full rescission, but the Iowa Supreme Court reversed and modified the decree, ruling that the buyers' prior defaults on independent contractual obligations prevented them from seeking rescission and that equity required allowing the sellers to use the note to satisfy the mortgage under specified conditions or face rescission if the mortgage remained uncleared by March 1, 1939.

property

The case concerned a claim filed by W. H. Johnson against the estate of W. A. Davie based on an unpaid promissory note, which the administrators initially admitted as a valid third-class claim. After several years without payment, the probate court allowed the claim in full and ordered the administrators to pay it at once, based on evidence that sufficient funds had been received to cover all such claims. When the administrators still failed to pay, Johnson obtained a judgment against them and their surety on the administration bond under Iowa Code sections 11984 and 11985. The Iowa Supreme Court affirmed the judgment, ruling that the probate court had jurisdiction to allow the claim and order payment, that the prior order was final and not subject to collateral attack for alleged mistake or collusion, and that no formal prayer for immediate payment was required in the informal probate claim.

propertyprocedure