Opinion
No. 27435
Decided March 1, 1939.
Supreme Court — Dismissal — No debatable constitutional question involved — Corporations — Plan of recapitalization approved by two-thirds vote of shareholders — Exchange of old preferred shares for new issue — Right of shareholder to retain the old stock contract — Right to accumulated dividends — Section 10, Article I, and Section 1, Article XIV, Amendments, United States Constitution — Section 28, Article II, Ohio Constitution.
APPEAL from the Court of Appeals of Scioto county.
Messrs. Miller, Searl Fitch, for appellee.
Messrs. Gallagher, Dorr Manley, for appellant.
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.
MYERS, J., not participating.