Opinion
No. 34420
Decided May 4, 1955.
Supreme Court — Dismissal — No debatable constitutional question involved — Divorce — Custody of children — Motion to modify custody order — Appeal bond — Section 3109.07, Revised Code, construed — Applicability to appeal on questions of law — Bond not set by trial court but by Court of Appeals — Appellate Procedure Act — Necessity of bond — Section 6, Article IV, Constitution — Jurisdiction of Court of Appeals — Appearance — Not waiver of right to question jurisdiction.
APPEAL from the Court of Appeals for Scioto County.
Messrs. Miller, Searl Fitch, for appellee.
Messrs. Bannon, Howland McCurdy, 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, BELL and TAFT, JJ., concur.