Opinion
No. 28789
Decided December 3, 1941.
Supreme Court — Dismissal — No debatable constitutional question involved — Registration of trade name — Section 6240-11, General Code — Right to exclusive use in state — Injunction granted on cross-petition of first user of name in vicinity — Accounting allowed — No summons on cross-petition — Section 16, Article I, Constitution — Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals of Summit county.
Mr. Jack B. Dworken and Mr. Morton R. Dworken, for appellant.
Mr. Ben W. Holub, for appellee.
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., TURNER, WILLIAMS, MATTHIAS, HART, ZIMMERMAN and BETTMAN, JJ., concur.