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Davidson v. Hough

Supreme Court of Ohio
Nov 24, 1948
83 N.E.2d 69 (Ohio 1948)

Opinion

No. 31563

Decided November 24, 1948.

Supreme Court — Dismissal — No debatable constitutional question involved — Appeal — Judgments — Money action in Cleveland Municipal Court — Judgment for plaintiff — Defendant's motion to vacate allowed without hearing — Appeal by plaintiff — Remand by Court of Appeals for hearing on motion — Oral application in Municipal Court by plaintiff to dismiss motion — On ground of noncompliance with court rule relating to motions — Motion to vacate judgment allowed — Appeal by plaintiff — Reversal by Court of Appeals on ground of noncompliance with such rule — Judgment for plaintiff reinstated — Allowance of motion, final order, when — Section 6, Article IV, Constitution — "Questions arising under the Constitution" mean debatable questions, when — Section 2, Article IV, Constitution.

APPEAL from the Court of Appeals for Cuyahoga county.

Messrs. Oviatt Oviatt, for appellee.

Messrs. Woodle Wachtel, 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.


Summaries of

Davidson v. Hough

Supreme Court of Ohio
Nov 24, 1948
83 N.E.2d 69 (Ohio 1948)
Case details for

Davidson v. Hough

Case Details

Full title:DAVIDSON, APPELLEE v. HOUGH ET AL., APPELLANTS

Court:Supreme Court of Ohio

Date published: Nov 24, 1948

Citations

83 N.E.2d 69 (Ohio 1948)
83 N.E.2d 69

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