Opinion
No. 31589
Decided December 15, 1948.
Supreme Court — Dismissal — No debatable constitutional question involved — Banks and banking — Pleading — Action for judgment for deposit in bank in liquidation — Allegations that funds illegally and fraudently withdrawn by bank officer — And deposited "obscurely" and collusively in branch bank — That Superintendent of Banks "took over" and failed to notify plaintiff — Section 710-90 (3), General Code — And that plaintiff as creditor appeared "obscurely" on books of bank — General demurrer to petition sustained — Claim no allegation proof of claim filed — Due process.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. R.W. Halliday, for appellant.
Mr. Hugh S. Jenkins, attorney general, Mr. Harold O. Ziegler, Messrs. Andrews, Hadden Putnam, Mr. E.A. Howe and Mr. Sylvester Marx, for appellees.
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, SOHNGEN and STEWART, JJ., concur.
TURNER, J., not participating.