108 N.E.2d 833
No. 33153Supreme Court of Ohio.
Decided October 22, 1952.
Supreme Court — Dismissal — No debatable constitutional question involved — Negotiable instruments — Action on promissory note for purchase price of tavern — Defense of payment — Evidence — Buyer’s check to Department of Liquor Control — Delivered to seller to apply on purchase price — Court procedure — Amendment of notice of appeal proper, when — Bill of exceptions filed after 40 days, considered, when — Appeal on law and fact reduced to one on law — Leave to file bill granted — Necessity for motion for new trial.
APPEAL from the Court of Appeals for Cuyahoga county.
Page 312
Per Curiam.
Mr. A.L. Kearns and Mr. A.R. Roman, for appellant.
Mr. B. Bill Murad, for appellee.
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., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.