84 N.E.2d 283
No. 31646Supreme Court of Ohio.
Decided January 26, 1949.
Supreme Court — Dismissal, sua sponte — No debatable constitutional question involved — Divorce and alimony — Bastardy — Cross-petition by husband for divorce on ground of fraudulent marriage — Claim of undisclosed pregnancy by another man at time of marriage — Child of such pregnancy born during wedlock of parties — Evidence husband never with wife during time conception must have been — Request by court for blood test to aid in determining paternity — Section 12122-2, General Code — Submission by husband — Refusal by wife on ground test violated constitutional rights — Divorce granted to husband — “Right to security of person” — Sections 10 and 14, Article I, Constitution.
APPEAL from the Court of Appeals for Mahoning county.
Mr. Thomas E. Antonelli and Mr. James B. Ceris, for appellant.
Mr. Harold H. Hull and Mr. William P. Barnum, for appellee.
It is ordered and adjudged, sua sponte, 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., HART, STEWART, TURNER and TAFT, JJ., concur.
MATTHIAS and ZIMMERMAN, JJ., not participating.
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