Opinion
No. 34779
Decided May 23, 1956.
Supreme Court — Dismissal — Constitutional question raised not passed upon by Court of Appeals.
APPEAL from the Court of Appeals for Franklin County.
Mr. Thomas W. Maxson, for appellant.
Mr. Chalmers P. Wylie, city attorney, Mr. Russell Leach and Mr. John W.E. Bowen, for appellees.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that it was not necessary for the Court of Appeals, in rendering its judgment, to pass upon the constitutional question raised, and it did not pass upon it.
Appeal dismissed.
WEYGANDT, C.J., MATTHIAS, ZIMMERMAN, STEWART, BELL and TAFT, JJ., concur.