Opinion
No. 28813
Decided December 10, 1941.
Supreme Court — Dismissal — No debatable constitutional question involved — Right of way over property — Subsequent contract among abutting owners — Establishing right of way for benefit of all signers — Conveyance of property without mention of right of way — Grantee not entitled to use of right of way — Unwarranted use of right of way by grantee — Appeal on law and fact — Money deposited with clerk of courts in lieu of bond — Motion to dismiss appeal, overruled — Section 19, Article I, Constitution.
APPEAL from the Court of Appeals of Delaware county.
Mr. E.M. Wickham, for appellant.
Messrs. Hill Neville, 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., TURNER, WILLIAMS, MATTHIAS, HART, ZIMMERMAN and BETTMAN, JJ., concur.