39 N.E.2d 615
No. 28920Supreme Court of Ohio.
Decided January 21, 1942.
Supreme Court — Dismissal — No debatable constitutional question involved — Action to enjoin harvesting wheat in alleged possession of plaintiff — Plaintiff’s title denied by defendant — Jury trial, demanded by defendant under Section 11379, General Code, denied — Section 5, Article I, Constitution — Article VII, Amendments, U.S. Constitution.
APPEAL, from the Court of Appeals of Sandusky county.
Messrs. Moon Price, for appellee.
Mr. Lionel Levy, for appellant.
It is ordered and adjudged, sua spoute, 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., TURNER, WILLIAMS, MATTHIAS, HART and ZIMMERMAN, JJ., concur.
BETTMAN, J., not participating.
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