Opinion
No. 28330
Decided December 4, 1940.
Supreme Court — Dismissal — No debatable constitutional question involved — Courts — Allowance of attorney fees in taxpayer's action — Request by trial judge that other judges sit in judgment — Assignment of additional judges by Chief Justice of Common Pleas Court — Judgment of majority considered judgment of court — Section 4, Article IV, Constitution.
APPEAL from the Court of Appeals of Cuyahoga county.
Mr. John J. Tetlow, Mr. John J. Sheehan, Mr. John J. Kennedy, Mr. Wesley L. Grills, Mr. Ray T. Miller and Mr. Don C. Miller, for appellant.
Mr. Frank T. Cullitan, prosecuting attorney, and Mr. Saul S. Danaceau, for appellees.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, TURNER, WILLIAMS, MATTHIAS and HART, JJ., concur.