Opinion
No. 28142
Decided May 15, 1940.
Supreme Court — Dismissal — No debatable constitutional question involved — Appeal — No final order — Plaintiff's motion for default judgment overruled — Defendant granted leave to answer — Abuse of discretion — Due process.
APPEAL from the Court of Appeals of Marion county.
Mr. Paul D. Smith and Mr. Thomas H. Sutherland, for appellant.
Messrs. Guthery Guthery, for appellee.
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., DAY, ZIMMERMAN, WILLIAMS, MATTHIAS and HART, JJ., concur.