Opinion
No. 30700
Decided June 12, 1946.
Supreme Court — Dismissal — No debatable constitutional question involved — Proceeding to vacate confirmation of final account of executrix — And to impress trust on ground of fraud on court — Executrix — beneficiary "married" decedent who already had wife — Jurisdiction of Probate Court to vacate order of confirmation — Section 10501-17, General Code — Statute enacted after account confirmed but before proceeding to vacate instituted — Usurpation of judicial power by General Assembly — Section 1, Article IV, Constitution — Retroactive laws — Impairment of contract — Section 28, Article II, Constitution — Sections 9 and 10, Article I, U.S. Constitution — Inviolability of property — Section 19, Article I, Constitution — Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals of Franklin county.
Messrs. Binns Tresemer and Mr. Edward F. Lynch, for appellee.
Mr. John F. Carlisle and Mr. W.B. McLeskey, for appellants.
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.