Opinion
No. 30186
Decided December 20, 1944.
Supreme Court — Dismissal — No debatable constitutional question involved — Constitutional question not raised in Court of Appeals — Forcible entry and detainer against husband — Motion by wife to be made party defendant, overruled — Appeal not prosecuted by wife claiming tenancy in common — Judgment for restitution against husband and eviction sought against wife also — Action by wife to enjoin eviction, dismissed — Appeal dismissed by Court of Appeals — Failure to appeal from overruling motion to make party defendant — Section 2, Article IV, Constitution — Manifest and prejudicial error.
APPEAL from the Court of. Appeals of Cuyahoga county.
Mr. Alexander H. Martin, for appellant.
Messrs. Parker, Shackelford, Dixon Hoff, for appellee.
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., MATTHIAS, HART, ZIMMERMAN, BELL, WILLIAMS and TURNER, JJ., Concur.