Opinion
No. 31760
Decided May 25, 1949.
Supreme Court — Dismissal — No debatable constitutional question involved — Landlord and tenant — Lease for one year ending October 8, 1944 — July 1944, notice to vacate at expiration of lease — Lessee remained in possession and made repairs — Lessor's claim that eviction impossible because of OPA regulations — And that repairs voluntary — Sale of premises on September 16, 1948 — Notice on same day to vacate, by grantee to lessee, effective September 20, 1948 — Failure to vacate and action by grantee to recover property — Judgment for grantee, finding "defendant guilty" — Due process — Section 16, Article 1, Constitution — Section 1, Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. Frank W. Emslie, for appellee.
Mr. Alexander H. Martin, for appellant.
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., MATTHIAS, HART, ZIMMERMAN, STEWART, TURNER and TAFT, JJ., concur.