Opinion
No. 29315
Decided March 17, 1943.
Supreme Court — Dismissal — No debatable constitutional question involved — Appeal — Partition — Jurisdiction — Determination of heirs — Right to trial by jury — Equal protection — Due process — Trial de novo — Case submitted entirely upon depositions in trial de novo in Court of Appeals — Right to introduce additional competent evidence — Validity of finding of fact — Necessity of concurrence of majority of appellate judges in finding material facts — Common-law or ceremonial marriage — Burden of proof — Full faith and credit — Foreign state's records of marriage licenses — Sections 11376 and 12223-30, General Code — Sections 5 and 16, Article 1, and Section 6, Article IV, Constitution — Section 1, Article IV and 14th Amendment, U.S. Constitution.
APPEAL from the Court of Appeals of Franklin county.
Mr. Ralph H. Henney, Mr. A.J. Henney, Mr. Matthew L. Bigger, Mr. Benjamin F. Levinson, Mr. John A. Connor and Mr. John D. Connor, for appellants.
Messrs. Harrison Marshman, Mr. Geo. B. Marshall, Mr. Henry L. Scarlett and Mr. R.W. Kilbourne, 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., ZIMMERAMAN, BELL and WILLIAMS, JJ., concur.
TURNER, J., not participating.