Opinion
No. 33684
Decided November 18, 1953.
Supreme Court — Dismissal — No debatable constitutional question involved — Court procedure — Vacation of judgment after term — By petition in original action — Barred by statute of limitations, when — Section 11640, General Code — By independent action — Grounds for — Fraud — Must consist of extrinsic acts collateral to matter adjudicated — False testimony — Necessity for showing witness convicted of perjury — Illness or death of judge — Mistake or negligence of petitioner's attorney — Not grounds for vacation, when — Motion for new trial — Ineffective where prematurely filed after verdict but before judgment — Due process.
APPEAL from the Court of Appeals for Hamilton county.
Mr. John M. McCaslin and Mr. Richard H. Pennington, for appellee Edward Thompson.
Mr. Sol Goodman, for appellant William M. Samuel.
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., MIDDLETON, TAFT, HART, ZIMMERMAN and STEWART, JJ., concur.
LAMNECK, J., not participating.