Opinion
No. 31585
Decided December 15, 1948.
Supreme Court — Dismissal — No debatable constitutional question involved — Action in Probate Court by guardian of incompetent — For declaratory judgment as to ward's rights in funds possessed by defendant — Joint bank account opened August 10, 1945, by ward — In names of ward and defendant — Defendant closed account January 15, 1946, withdrew and kept funds — Ward adjudged incompetent January 23, 1946 — Judgment declaring funds property of ward — Claim that funds never became part of ward's estate — Because withdrawn prior to adjudication of incompetency — That Probate Court had no jurisdiction — And that proper remedy accounting in Common Pleas Court — Jurisdiction of Common Pleas and Probate Courts — Sections 4 and 8, Article IV, Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. Clarence K. Snyder, in propria persona. Messrs. Stanton, Mercer Cassidy, Mr. J. Raymond Slemmons and Mr. James Sexton, 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., MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.
TURNER, J., not participating.