Sparks v. President of the Farmers' Bank

Citations

• 3 Del. Ch. 225

Syllabus

<p>An issue should not be directed to try a question of mixed law and fact; nor a question which simply involves a legal conclusion, from uncontroverted facts.</p> <p>An application to direct an issue to try the question whether the office of cashier of a bank was an annual one, refused.</p> <p>An application for an issue to try the amounts and dates of the defalcations of a cashier, also refused.</p> <p>The granting of an application to direct an issue to be tried by a jury, is a matter to be determined by the sound discretion of the Court.</p> <p>Upon a bill, filed by sureties for the cashier, for an injunction againstthe suit of a bank upon his official bond, an order was made for the production at the banking house for the inspection of complainants, their agents, solicitors, &c., of minutes, official bonds, by-laws and ordinances, account books and other papers of the bank, pertinent to the matters in controversy.</p>