Opinion
No. 30416
Decided October 10, 1945.
Supreme Court — Dismissal — No debatable constitutional question involved — Judgments — Court found partnership existed and confirmed accounting report by referee — Irregularity in Court of Common Pleas preventing fair trial — Right to property — Section 1, Article I, Constitution — Fair trial — Due process — Appeal on law and fact — Same decree by Court of Appeals and motion to certify overruled — Petition to vacate judgment on ground of irregularity in court below — Demurrer sustained and petition dismissed by Court of Appeals — Application for rehearing denied — Appeal to Supreme Court within 20 days thereafter — Petition dismissed by nunc pro tunc entry amending denial of rehearing — Appeal to Supreme Court timely, when.
APPEAL from the Court of Appeals of Cuyahoga county.
Mr. Julius Negin and Messrs. Halle, Haber, Berick McNulty, for appellee.
Mr. C.F. Taplin, 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., ZIMMERMAN, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.