Opinion
No. 32435
Decided January 10, 1951.
Supreme Court — Dismissal — No debatable constitutional question involved — Executors and administrators — Exceptions to inventory — Exceptor claiming to be surviving spouse — Collateral attack on divorce decree not permitted — Validity of service of summons on nonresident — Affidavit or proof that residence unknown — Due process — Section 1, Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Madison county.
Mr. Gerald A. Baynes, for appellant.
Mr. Boyd P. Doty and Messrs. Lucas Lucas, 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., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.