Opinion
No. 31446
Decided June 9, 1948.
Supreme Court — Dismissal — No debatable constitutional question involved — Court procedure — Personal injury action — Overruling defendant's motion for directed verdict at close of plaintiff's case — Introduction of evidence by defendant — Verdict for plaintiff and judgment thereon — Reversal by Court of Appeals — For error in refusing to sustain motion for directed verdict — Made or renewed at close of all evidence — Claim no such motion made or renewed at close of all evidence — And not shown by record — Claim motion renewed in absence of reporter but shown by record — Due procees — Section 16, Article I, Constitution — Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Lake county.
Mr. Earl C. Pettersson and Messrs. Giblin Giblin, for appellant.
Messrs. Bulkley, Butler Pillen, for appellee.
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, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.