ACH v. PEEBLES’ SONS CO., 133 Ohio St. 551 (1938)


14 N.E.2d 930

ACH, APPELLANT v. THE JOSEPH R. PEEBLES’ SONS CO., APPELLEE.

No. 26870Supreme Court of Ohio.
Decided April 20, 1938.

Supreme Court — Dismissals — No debatable constitutional question involved — Fraud — Action for rescission and recovery of purchase price of stock — Motions for directed verdict made by both parties — Case submitted to jury and verdict returned for defendant — Appeal on questions of law — Court of Appeals determined case to be chancery and verdict to be advisory — Court of Appeals refused to consider errors involving jury — Denial of trial by jury — Article I, Section 5, Constitution — Article IV, Section 6, Constitution.

APPEAL from the Court of Appeals of Hamilton county.

Messrs. Paxton Seasongood and Mr. Jacques L. Ach, for appellant.

Messrs. Morris Barbour, for appellee.

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., MATTHIAS, DAY, ZIMMERMAN, WILLIAMS and MYERS, JJ., concur.

GORMAN, J., not participating.

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