Summary
In Kocher, the language of the instrument there involved stated specifically that the mechanics' lienors, "severally waive the priority of any mechanics' lien or right of such lien which we may now have, or hereafter acquire, against the real estate * * *."
Summary of this case from Perper v. FayedOpinion
No. 29076
Decided November 25, 1942.
Supreme Court — Dismissal — No debatable constitutional question involved — Foreclosure of mechanic's lien — Notice of appeal on law and fact, but bond not filed — Leave granted to file bill of exceptions within 30 days — Bill filed with clerk, but not settled, within limitation — Motion to dismiss appeal overruled — Appeal decided on questions of law only — Sections 11564 and 12223-6, General Code — Section 6, Article IV, Constitution.
APPEAL from the Court of Appeals of Clark county.
Messrs. Olinger Olinger, for appellants.
Mr. Frank L. Nevius, Mr. Jerome A. Nevius and Mr. Ben J. Goldman, for appellees.
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., TURNER, WILLIAMS, MATTHIAS, HART and ZIMMERMAN, JJ., concur.