Lynch v. Bogenrief

19 Citing cases

  1. Doe v. Ray

    251 N.W.2d 496 (Iowa 1977)   Cited 61 times
    Recognizing that in interpreting a statute "we must avoid legislating in our own right"

    In construing a statute we attempt to give it a sensible, practical, workable and logical construction. Lynch v. Bogenrief, Iowa, 237 N.W.2d 793, 796; Matter of Estate of Bliven, Iowa, 236 N.W.2d 366, 369. While the plain and obvious meaning of a statute is always preferred, Becker v. Board of Education, 258 Iowa 277, 285, 138 N.W.2d 909, 913; Consolidated Freightways Corp. v. Nicholas, 258 Iowa 115, 119-120, 137 N.W.2d 900, 904, the manifest intent of the legislature will prevail over the literal import of the words used. Northern Natural Gas Company v. Forst, Iowa, 205 N.W.2d 692, 694-95; Spencer Pub. Co. v. City of Spencer, 250 Iowa 47, 51, 92 N.W.2d 633, 635. In other words, the subject matter, effect, consequence, and the reason and spirit of the statute must be considered, as well as words, in interpreting and construing its meaning.

  2. Carstensen v. Board of Trustees

    253 N.W.2d 560 (Iowa 1977)   Cited 29 times

    Such interpretation of the statute would create an unfair and absurd result, therefore to be avoided. See Lynch v. Bogenrief, 237 N.W.2d 793, 797 (Iowa 1976). Moreover, laws creating pension rights are liberally construed to promote the legislative purpose and objective.

  3. Stuart v. State ex Rel. Jannings

    253 N.W.2d 910 (Iowa 1977)   Cited 13 times
    Interpreting prior version of chapter 232 and holding person's age at time of an alleged act is decisive, not his age when correlative proceedings are commenced

    Additionally, any other stance could serve to unrealistically place Debra in a virtual "no-man's land", amenable to the jurisdiction of neither the juvenile nor district court. See generally Lynch v. Bogenrief, 237 N.W.2d 793, 796 (Iowa 1976); Domain Industries v. First Sec. Bank Trust, 230 N.W.2d 165, 169 (Iowa 1975); State v. McGuire, 200 N.W.2d 832, 833 (Iowa 1972). Mindful of the foregoing we now hold, (1) in determining whether a juvenile or district court has original jurisdiction over an individual, the person's age at time of an alleged criminal act is decisive, not his age when correlative proceedings are commenced, and (2) when a juvenile court thus acquires jurisdiction it continues until the delinquency charge or charges have been properly heard and disposition thereof made, or the alleged violation is referred to the appropriate prosecuting authority for action under the criminal law, all as statutorily provided.

  4. Huff v. St. Joseph's Mercy Hosp. of Dubuque

    261 N.W.2d 695 (Iowa 1978)   Cited 14 times
    Recognizing the commissioner's power to seek an injunction against violators of the HMO Act

    Additionally, we have said in construing a statute we attempt to give it a sensible, practical, workable and logical construction. Doe v. Ray, supra, 251 N.W.2d at 504; Lynch v. Bogenrief, Iowa, 237 N.W.2d 793, 796. Trial court based its ruling rejecting the Commissioner's argument on the dual grounds that defendants are not subject to chapter 514B because they do not solicit enrollees" nor do they provide "basic health care services."

  5. Hanover Ins. Co. v. Alamo Motel

    264 N.W.2d 774 (Iowa 1978)   Cited 20 times

    If § 105.4 were read as an absolute limitation on liability, an innkeeper would be liable only to the extent of $50 for the loss of jewelry contained in any box. However, if that same jewelry was contained in a trunk, the innkeeper would be liable for up to $100 if the conditions of § 105.1(1), (2), and (3) were met, and up to $250 if they were not. We cannot presume the legislature intended to enact a futile or ineffectual law or one that would lead to absurd consequences. Lynch v. Bogenrief, 237 N.W.2d 793, 796 (Iowa 1976); Graham v. Worthington, 259 Iowa 845, 854-855, 146 N.W.2d 626, 633 (1966). We are satisfied the legislature did not intend, by the language now incorporated in § 105.4, to limit an innkeeper's liability for § 105.1 precious articles or valuables.

  6. NUNN v. EQUITABLE LIFE ASSUR. SOCIETY, ETC

    272 N.W.2d 780 (N.D. 1979)   Cited 15 times

    No cases have been referred to us and none have been discovered in our research that allow insurance proceeds to be distributed in this situation other than to the designated beneficiary, i. e., without even a general clause that might indicate the parties' intent to dispose of the insurance. In Lynch v. Bogenrief, Iowa, 237 N.W.2d 793 (Iowa 1976), the Supreme Court of Iowa dealt with a similar question. In Lynch, the ex-wife (named beneficiary) and widow-administrator of a deceased fireman both claimed his retirement system death benefits.

  7. Frigillana v. Frigillana

    266 Ark. 296 (Ark. 1979)   Cited 36 times
    In Frigillana v. Frigillana, 266 Ark. 296, 584 S.W.2d 30 (1979), the court said that in unjust enrichment cases "the simple, but comprehensive, question is whether the circumstances are such that equitably defendant should restore to plaintiff what he has received[,]" (quoting 77 C.J.S. Restitution 322). The Restatement of Restitution § 1 states simply, "A person who has been unjustly enriched at the expense of another is required to make restitution to the other."

    There is respectable authority supporting the chancellor's view that appellee had an insurable interest. Begley v. Miller, 137 Ill. App. 278 (1907); Lynch v. Bogenrief, 237 N.W.2d 793 (Iowa, 1976); Tromp v. National Reserve Life Ins. Co., 143 Kan. 98, 53 P.2d 831 (1936). In considering insurable interest in the life of another in Home Mutual Benefit Association v. Keller, 148 Ark. 361, 230 S.W. 10, we quoted liberally from Warnock v. Davis, 104 U.S. 775, 26 L.Ed. 924 (1881).

  8. In re Marriage of Schissel

    292 N.W.2d 421 (Iowa 1980)   Cited 43 times
    Holding dissolution court properly took into account husband's nondivisible military retirement pay in adding $8000 to wife's share of marital property

    The section does not expressly state that a former spouse could not have an insurable interest, and we note than an ex-spouse may have such an interest. Cf. Lynch v. Bogenrief, 237 N.W.2d 793, 797 (Iowa 1976) (individual entitled to alimony has insurable interest in former spouse). We also note the appeal to equity in the special concurrence in Cose, id. at 1233 (Matthews, J.):

  9. Culbertson v. Continental Assur. Co.

    631 P.2d 906 (Utah 1981)   Cited 12 times
    Finding beneficiary of life insurance policy may assign expectancy interest

    Lincoln National Life Insurance Company v. Blight, 399 F. Supp. 513 (1975), affirmed 538 F.2d 319; Cannon v. Hamilton, 174 Ohio St. 268, 22 Ohio Ops.2d 331, 189 N.E.2d 152 (1963); Damon v. Northern Life Insurance Co., 23 Wn. App. 877, 598 P.2d 780 (1979).Davis v. Davis, Fla.App., 301 So.2d 154 (1974); McClain v. Beder, 25 Ariz. App. 231, 542 P.2d 424 (1975); Lynch v. Bogenrief, Iowa, 237 N.W.2d 793 (1976); Mullenax v. National Reserve Life Insurance Company, 29 Colo. App. 418, 485 P.2d 137 (1971); Cassiday v. Cassiday, 256 Md. 5, 259 A.2d 299 (1969); Partin v. Cordova, Tex. Civ. App. 464 S.W.2d 956 (1971); O'Tooele v. Central Laborers' Pension Welfare Funds, 12 Ill. App.3d 995, 299 N.E.2d 392 (1973); Wolf v. Wolf, Ind., 259 N.E.2d 93 (1970); Rountree v. Frazee, 282 Ala. 142, 209 So.2d 424 (1968).Hollaway v. Selvidge, 219 Kan. 345, 548 P.2d 835 (1976); Baekgaard v. Carreiro, (9th Cir.), 237 F.2d 459 (1956); In the Matter of the Estate of McEndaffer, 192 Colo. 431, 560 P.2d 87 (1977).

  10. Girard v. Pardun

    318 N.W.2d 137 (S.D. 1982)   Cited 8 times
    In Girard, this Court was faced with a stipulation and agreement provision which stated that "`the defendant shall keep in force and effect all presently existing hospitalization insurance.'"

    Id. 485 P.2d at 139-140 (emphasis added). The Iowa Supreme Court reached the same conclusion as Mullenax on facts essentially the same as in the case before us. Lynch v. Bogenrief, 237 N.W.2d 793 (Iowa 1976). The Iowa court first noted that the general rule is that divorce does not affect a beneficiary designation and that jurisdictions holding to the contrary are "in stark contrast to the great weight of authority."