Opinion
No. 28591
Decided May 7, 1941.
Supreme Court — Dismissal — No debatable constitutional question involved — Libel — Statement that public official opposed to candidate for judicial appointment — Because candidate of foreign birth and on religious grounds — Held not libelous per se — Due process.
APPEAL from the Court of Appeals of Summit county.
Mr. Parker Fulton, Mr. Martin A. McCormack, Mr. Maxwell J. Gruber and Mr. Stanley S. Nicholls, for appellant.
Messrs. Brouse, McDowell, May Bierce, for appellee.
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., TURNER, WILLIAMS, HART, ZIMMERMAN and BETTMAN, JJ., concur.
MATTHIAS, J., not participating.