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Fenzel v. Finsterwald

Supreme Court of Ohio
Apr 23, 1941
34 N.E.2d 211 (Ohio 1941)

Opinion

No. 29578

Decided April 23, 1941.

Supreme Court — Dismissal — No debatable constitutional question involved — Action in ejectment by trustee after termination of trust — Prior actions for foreclosures, marshalling liens, cancellation of deeds and judgments — Involving same subject-matter and parties — Res judicata — Section 16, Article I, and Section 4, Article IV, Constitution — 14th Amendment, U.S. Constitution.

APPEAL from the Court of Appeals of Athens county.

Mr. Matthew L. Bigger and Mr. Louis C. Tyroller, for appellant.

Mr. R.W. Finsterwald and Messrs. Woolley Rowland, for appellees.


It is ordered and adjudged, sua sponte, 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., TURNER, WILLIAMS, HART, ZIMMERMAN and BETTMAN, JJ., concur.

MATTHIAS, J., not participating.


Summaries of

Fenzel v. Finsterwald

Supreme Court of Ohio
Apr 23, 1941
34 N.E.2d 211 (Ohio 1941)
Case details for

Fenzel v. Finsterwald

Case Details

Full title:FENZEL, TRUSTEE, APPELLANT v. FINSTERWALD ET AL., APPELLEES

Court:Supreme Court of Ohio

Date published: Apr 23, 1941

Citations

34 N.E.2d 211 (Ohio 1941)
34 N.E.2d 211