BEACH, RECR. v. MIZNER, EXR., 130 Ohio St. 463 (1936)


200 N.E. 181

BEACH, RECR. v. MIZNER, EXR.[*]

No. 25747Supreme Court of Ohio.
Decided January 15, 1936.

[*] Reporter’s note: A motion to certify was allowed in this case. See Vol. 131 Ohio St., for opinion.

Supreme Court — Dismissals — No debatable constitutional question involved — Administrators and executors — Petition failed to allege claim presented within four months after appointment — Section 10509-112, General Code — Statute of limitation or of priority — Due process.

ERROR to the Court of Appeals of Cuyahoga county.

Mr. Allison M. Gibbons, for plaintiff in error.

Mr. C.M. White, for defendant in error.

It is ordered and adjudged that said petition in error be, and the same is hereby, dismissed for the reason no debatable constitutional question is involved in said cause.

Petition in error dismissed.

WEYGANDT, C.J., STEPHENSON, WILLIAMS, MATTHIAS, DAY and ZIMMERMAN, JJ., concur.

JONES, J., not participating.