Opinion
No. 31464
Decided June 16, 1948.
Supreme Court — Dismissal — No debatable constitutional question involved — Liens — Mortgage on motor vehicle — Executed by Indiana resident January 1947 — Filed in county other than that of residence — Indiana statute requiring such filing in county of residence — Repairs in Ohio garage on vehicle during December 1946 and January 1947 — Vehicle delivered to mortgagor without payment of repair bill — Possession retaken and retained by garageman February 1947 for payment of bill — Replevin action in Ohio by mortgagee April 1947 — Filing of mortgage in proper county August 1947 — Amended petition by mortgagee October 1947 for foreclosure — Answer by garageman setting forth bill and that mortgage void — Decree of foreclosure and finding best lien in mortgagee — Affirmance by Court of Appeals — Full faith and credit — Section 1, Article IV, U.S. Constitution.
APPEAL from the Court of Appeals for Williams county.
Messrs. Parker Fenton, for appellee.
Mr. D.A. Webster and Messrs. McGhee, Rowe Evans, for appellants.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.