Opinion
No. 29765
Decided January 26, 1944.
Supreme Court — Dismissal — No debatable constitutional question involved — Action by wife to declare trust in money delivered to husband — Violation of Common Pleas Court rule in assigning case — Due process — Section 16, Article 1, Constitution — Right of jury trial — Waiver by appeal on law and fact.
APPEAL from the Court of Appeals of Montgomery county.
Mr. George R. Murray, for appellee.
Messrs. Swaney Creager, for appellant.
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.