Lytle v. Smith

Appeal No. 6259 is from a judgment directing the superintendent of banks and the depositors’ guaranty fund commission to pay plaintiffs’ claim, as a holder of a certificate of deposit in the State Bank of Winfred out of the moneys in the guaranty fundi. Appeal No. 6260 is from an order denying defendants’ motion to modify the form of the judgment. No question is presented in the brief as to the propriety of the holding of the trial court that plaintiff was a depositor in good faith. *638Upon the question of the modification of the form of the judgment the same points are raised as in Ahearn v.…