92 N.E.2d 609
No. 32093Supreme Court of Ohio.
Decided March 29, 1950.
Supreme Court — Dismissal — No debatable constitutional question involved — Divorce and alimony — Action based on gross neglect and extreme cruelty — Personal service 5 days after petition filed, but action uncontested — Decree awarding divorce and alimony — Defendant’s motion to vacate filed 62 days after decree — Grounds, false testimony, fraud and mistake — Amendment of motion adding, contrary to law and no evidence — Court request for bill of particulars not fulfilled, and motion overruled — Appeal to Court of Appeals — Abandonment of all grounds except contrary to law and no evidence — Affirmance — Defendant’s claims — No evidence and corroboration of “gross” neglect and “extreme” cruelty — Due process — State and federal Constitutions.
APPEAL from the Court of Appeals for Lucas county.
Mrs. Eva Epstein Shaw, for appellee.
Messrs. Heslip Gibson, for appellant.
Page 538
Per Curiam.
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., MATTHIAS, HART, ZIMMERMAN, STEWART, TURNER and TAFT, JJ., concur.