Opinion
No. 28222
Decided October 2, 1940.
Supreme Court — Dismissal — No debatable constitutional question involved — Statute of limitations — Cause of action arising in Florida — Action brought in Ohio — Against grantee for balance due on notes after assumed mortgage foreclosed — Considered action on simple contract and not on instrument under seal — Seals abolished in Ohio — Section 32, General Code — Florida 5-year limitation on written contracts governs — Not 20-year limitation on instrument under seal — Ohio comity statute applied — Section 11234, General Code — Full faith and credit — Section 1, Article IV, U.S. Constitution.
APPEAL from the Court of Appeals of Clark county.
Messrs. Blanc Steinberg and Messrs. Keifer Keifer, for appellant.
Messrs. Cole Hodge, for appellee.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., DAY, ZIMMERMAN, WILLIAMS, MATTHIAS and HART, JJ., concur.