Hankins v. Hankins

• Decision Date: 20 May 1899
• Citation: 79 N.W. 278
• Parties: HANKINS v. HANKINS ET AL.
• Court: Iowa Supreme Court

79 N.W. 278

HANKINS

v.HANKINS ET AL.

Supreme Court of Iowa.

May 20, 1899.

Appeal from district court, Sac county; S. M. Elwood, Judge.

The petition shows that defendant P. H. Hankins was guardian for certain minors, and that the other defendants, Criss and Early, were sureties on his bond; that P. H. Hankins is a defaulter in a large sum as guardian, and this action is to recover from the sureties on the bond. The defendants deny generally the averments of the petition, and specifically put in issue the genuineness of their signatures to the bond. There was a verdict and judgment for plaintiff, and the defendant sureties appealed. Affirmed.Chas. D. Goldsmith, for appellants.

Miles W. Newby and James H. Tait, for appellee.

PER CURIAM.

There is a complaint that the court embodied the pleadings in its instructions; and this is true, and the practice has been disapproved by this court. It is not doubted that the language of the court is better adapted to convey to jurors the issues for consideration than the legal phraseology employed in pleadings. In this case there was no prejudice, for the issues were made to appear, and were subsequently clearly stated by the court. The case is without any doubtful questions of law for consideration, and the record presents no error. The judgment is affirmed.