Hileman & Gindt v. Faus
Supreme Court of Iowa
Appeal from, Black Hawk District Court. — Franklin C. Platt, Judge. This action is at law, to recover $4,000 under a bond given by D. P. Faus, as principal, to the appellant, Hileman & Gindt, and signed by the appellee Southern Surety Company, as surety for said D. P. Faus on such bond. There was a trial to a jury, and, at the conclusion of plaintiff’s evidence, the court directed a verdict for defendant. The plaintiff appeals. Reversed.
1Opinion of the CourtPreston, J.
1. Appeal and error: assignment of ©rroi’s ¡ as- . signmentby nonappellant. Appellee surety company has assigned cross-errors by which it is claimed the court erfed in overruling its demurrer to the petition, and that the court erred in rendering judgment by default against it. •, The defendant surety company answered, after its demurrer was overruled, and the default was, on its motion, set aside, and, as it has not appealed, we do not understand that the assignment of cross-errors, under such circumstances, raises any question for determination. The appellee Southern Surety Company for a…
2Cases cited13 opinions
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
- Frye v. Bath Gas & Electric Co.Supreme Judicial Court of Maine · 1903
- Finley v. United States Casualty Co.Tennessee Supreme Court · 1904
- Van Buren County v. American Surety Co.Supreme Court of Iowa · 1908
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3Cited by6 opinions
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- Corporation of President of Church of Jesus Christ of Latter-Day Saints v. Hartford Accident & Indemnity Co.Utah Supreme Court · 1939
- Lamson v. Maryland Casualty Co.Supreme Court of Iowa · 1923
- Rowe v. StufflebeamSupreme Court of Iowa · 1958
- Sheldon v. Chicago Bonding & Surety Co.Supreme Court of Iowa · 1921
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