105 N.E.2d 868
No. 33018Supreme Court of Ohio.
Decided May 7, 1952.
Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Contest of wills — Legatee-executor — Not sued or served in fiduciary capacity within statutory time — Attempted amendment and service after statutory period ineffectual — Executor a necessary party — Section 12080, General Code — Dismissal — Action not properly commenced within statutory time.
APPEAL from the Court of Appeals for Lucas county.
Mr. Orin C. Clement, for appellant.
Messrs. Taylor, Cruey Kelb, for appellees.
Per Curiam.
It is ordered and adjudged, sua sponte, that this appeal as of right be, and the same hereby is, dismissed
Page 498
for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT and MATTHIAS, JJ., concur.