82 N.E.2d 543
Nos. 31524 and 31525Supreme Court of Ohio.
Decided October 20, 1948.
Supreme Court — Dismissal — No debatable constitutional question involved — Land trust — Trust company settlor and trustee — Subsequent liquidation of trust company and appointment of successor trustee — Declaratory judgment action by some certificate holders to determine validity of trust — Subsequent action by successor trustee to quiet title in land — intervention by declaratory-action plaintiffs and cross-petition alleging invalidity of trust — Demurrers to declaratory-judgment petition and cross-petition sustained — Affirmance by Court of Appeals, citing — Stanley v. Hart, Supt. of Banks, 142 Ohio St. 528 — Wherein validity of trust attacked, but petition dismissed — Because of noncompliance with Section 710-92a, General Code — Limiting time for presenting claims in liquidation proceedings — And State, ex rel. Stanley, v. Cook, Supt. of Banks, 146 Ohio St. 348 — Which held Hart case deprived certificate holders of standing as creditors — Due process — Equal protection — Sections 1, 2 and 16, Article I, Constitution — Article XIV, Amendments, U.S. Constitution.
APPEALS from the Court of Appeals for Cuyahoga county.
Messrs. Horwitz, Kiefer Harmel, Mr. Stanley I. Adelstein, Messrs. Bricker, Marburger, Evatt Barton and Mr. Cary R. Alburn, for appellants.
Mr. Hugh S. Jenkins, attorney general, Mr. Charles 1. Russo, Mr. Howard F. Burns, Mr. Harold O. Ziegler, Messrs. Thompson, Hine Flory, Mr. H. Walter Stewart, Mr. William A. Polster an Messrs. Morley, Stickle, Keeley Murphy, for appellees.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the
Page 358
reason that no debatable constitutional question is involved.
Appeals dismissed.
WEYGANDT, C.J., TURNER, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.