Favorite v. Favorite
Favorite v. Favorite
Opinion of the Court
The testimony in this case is very brief outside of the papers in case No. 25684 of the Court of Common Pleas of Miami County. The brief of counsel contains various citations of authorities in reference to contribution. These authorities are not disputed but, of course, the basis for á contribution must exist before the authorities become applicable. Counsel for plaintiff in error on the first page of his brief states that the money in question received was applied to the mutual benefit of plaintiff and defendants.
If this was supported by the testimony then the foundation for a contribution would exist.
Unfortunately, however, this is not supported by the testimony and the proceedings of the court in case No. 25684 sustain
The lower court found that the matters sought to be determined herein had been or could have been adjudicated in case No. 25684.
Our examination of the record in that case as well as the testimony in this court satisfies us that the finding' of the lower court was correct and there being no prejudicial error in the record herein, the judgment of the lower court will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.