Opinion
No. 31535
Decided November 3, 1948.
Supreme Court — Dismissal — No debatable constitutional question involved — insurance — Mutualization of domestic stock life company — Sections 9364-1 through 9364-8, General Code — Approval of plan by shareholders — Majority stock registered in names of trustees not voting — Voting-trust certificate holders voted by proxy — Claim proxy voting limited to registered shareholders — Sections 8623-33a and 8623-53, General Code — And plan not approved by majority — Plan provided for purchase of shares from time to time — As funds became available — Dividend amounts fixed — Claim no outright purchase agreement, but option only — in violation of Section 9364-2, General Code — Permitting acquisition of shares by gift, bequest or purchase — Shares acquired by holders before revision of mutualization act in 1941 — Retroactive effect on contract rights — Due process — Article XIV, Amendments, U.S. Constitution — Inviolability of property — Section 19, Article I, Constitution — Retroactive laws — Section 28, Article II, Constitution.
APPEAL from the Court of Appeals for Hamilton county.
Messrs. Bettinger, Schmitt Kreis and Messrs. Long Bloom, for appellee.
Mr. Robert N. Gorman, Mr. Roy L. Struble and Mr. Harold C. Knecht, for appellants.
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, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.