Opinion
No. 28573
Decided April 23, 1941.
Supreme Court — Dismissal — No debatable constitutional question involved — Banks and banking — Shares held by coexecutors — beneficiaries — Transferred of record to beneficiaries after bank ceased to function — Imposition of superadded liability against beneficiaries — Action revived against administrator of deceased beneficiary — Appeal on law and fact — Case, by agreement, heard on stipulation of facts made in trial court — Section 8, Article XIII, Constitution (prior to 1936 amendment).
APPEAL from the Court of Appeals of Cuyahoga county.
Mr. Thomas J. Herbert, attorney general, Mr. E.S. Lindemann and Mr. Philip F. Marquard, for appellee.
Messrs. Henderson, Qnail Barkley, for appellant, Florence A. Hamilton.
Mr. Robert H. Sanborn, for appellant, Charles Higley, administrator.
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., TURNER, WILLIAMS, HART, ZIMMERMAN and BETTMAN, JJ., concur.
MATTHIAS, J., not participating.