Opinion
No. 30713
Decided June 12, 1946.
Supreme Court — Dismissal — No debatable constitutional question involved — Replevin by guardian of escaped inmate of Lima State Hospital for Criminal Insane — Money taken by police from inmate on his arrest — Contest between two claimants to ownership of money — Denial of due course and due process of law — Section 16, Article I, Constitution — Section 1, Article XIV, Amendments, U.S. Constitution — Right of unsuccessful claimant to testify against guardian as adverse party — Section 11495. General Code — Right to introduce record of testimony of witness at former trial.
APPEAL from the Court of Appeals of Hamilton county.
Mr. Chester R. Shook, Mr. Arthur C. Fricke and Mr. Charles Hyman, for appellee Ruth Niederlehner, Guardian.
Mr. Lorenz L. Lemper, for appellee Charles Schaub.
Mr. Mitchell Wilby, 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., ZIMMERMAN, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.