Bonham v. Rempe

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.