Thomas v. Witte

The defendants appeal from two judgments in which the law and the facts are identical or parallel. Although an order of consolidation of the two suits was made in the trial court, separate findings and judgments were entered. Counsel for all parties stipulated that the cases be consolidated on appeal. There is a duplication of most of the parties plaintiff and defendant in the two suits, and the same basic factual elements appear in both; the decision of one necessarily controls the disposition of the other.

The essential question to be determined is whether or not, over the opposition of a…