Opinion
No. 28141
Decided May 15, 1940.
Supreme Court — Dismissal — debatable constitutional question involved — Mechanics' liens — Owner contracted with materialman — Materialman ordered from another materialman who made delivery to owner — Owner paid first materialman — Lien of second materialman cancelled — Section 33, Article II, Constitution.
APPEAL from the Court of Appeals of Cuyahoga county.
Mr. Arthur P. Gustafson for appellant.
Mr. Frank Morton, for appellees.
It is ordered and adjudged 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., DAY, ZIMMERMAN, WILLIAMS, MATTHIAS and HART, JJ., concur.