Opinion
No. 33331
Decided January 28, 1953.
Supreme Court — Dismsisal sua sponte — No debatable constitutional question involved — Corporations — Life insurance stock company — Mutualization — Section 9364-1 et seq., General Code — Insurance company's action for cancellation of stock — Delay in completion of mutualization occasioned by stockholder's litigation — Increase in value of stock — Not bar to mutualization, when — Plan not abandoned, when — Sufficiency of notice to policyholders — Applicability of doctrine of res judicata — Mutualization requirements complied with — Stock ordered cancelled — Inviolability of property — Section 19, Article I, Constitution — Due process — Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Hamilton county.
Messrs. Dinsmore, Shohl, Sawyer Dinsmore and Mr. Virgil D. Parish, for appellee.
Mr. Sol Goodman, Mr. Roy L. Struble and Mr. Harold C. Knecht, for appellants.
It is ordered and adjudged, sua sponte, 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., MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.
ZIMMERMAN and STEWART, JJ., not participating.