Opinion
No. 26520
Decided May 19, 1937.
Supreme Court — Dismissals — No debatable constitutional question involved — Municipal corporations — Ordinances — Sections 5 and 12, Article XVIII, Constitution — Erection or extension of municipal light and power plant — Ordinance containing one subject expressed in title — Section 4226, General Code — Provision for deposit of bond proceeds — Sections 4294 and 4295, General Code — Corporate qualification of franchise grantee upon foreclosure — Section 614-73, General Code — Regulation of rates and length of franchise — Section 3983, General Code — Answer in Court of Appeals pleading a supplemental agreement — Not a material change of facts, when.
APPEAL from the Court of Appeals of Auglaize county.
Mr. Walter S. Jackson, Messrs. Miles O'Brien and Messrs. Anderson Lusk, for appellant.
Mr. Dan McKeever, city solicitor, Messrs. Timmermeister Monahan, Mr. Harley E. Peters and Mr. W.K. Divers, for appellees.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., JONES, DAY, WILLIAMS and MYERS, JJ., concur.