BERRY, ADMR. v. CHAMBERS, 138 Ohio St. 595 (1941)

37 N.E.2d 545

BERRY, ADMR., APPELLEE v. CHAMBERS ET AL., APPELLEES; CRAIG ET AL., APPELLANTS.

No. 28696Supreme Court of Ohio.
Decided October 1, 1941.

Supreme Court — Dismissal — No debatable constitutional question involved — Proceedings to determine heirs — Section 10509-95, et seq., General Code — Issue of slave marriages — Lineal descendants of brothers and sisters of whole and half blood — Persons not named parties found to be heirs — Due process — Constitutional question not submitted to trial or appellate courts.

APPEAL from the Court of Appeals of Hamilton county.

Messrs. Lawson, Berry McClain, for appellee, Theodore M. Berry, administrator.

Page 596

Mr. Joseph H. Fulton, for appellees, Bertha L. Chambers and others.

Mr. W.W. VanDeren and Mr. Mitchell Wilby, for appellants.

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., TURNER, WILLIAMS, MATTHIAS, HART, ZIMMERMAN and BETTMAN, JJ., concur.