Bonham v. Rempe

Ohio Circuit Courts

Bonham v. Rempe

12 Ohio Cir. Dec. 725

Ohio Circuit Courts·Decided July 1, 1898·Published

Opinion

Swing, J.

We are of the opinion that the court of common pleas erred in rendering judgment against Bonham, assignee, in favor of Mersman. The right against Rempe ec al. was in favor of Bonham, assignee, and the rights of Mersman to participate in the distribution of this fund must be worked out through the settlement of the estate in the probate court. For this reason and to this extent the judgment will be reversed and cause remanded for further proceedings.

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Swing, J.

We are of the opinion that the court of common pleas erred in rendering judgment against Bonham, assignee, in favor of Mersman. The right against Rempe ec al. was in favor of Bonham, assignee, and the rights of Mersman to participate in the distribution of this fund must be worked out through the settlement of the estate in the probate court. For this reason and to this extent the judgment will be reversed and cause remanded for further proceedings.

Bonham v. Rempe, 12 Ohio Cir. Dec. 725 (Ohio Super. Ct. 1898).

Pincite

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