BOTWIN v. ROHFELD ET AL., 158 Ohio St. 532 (1953)


110 N.E.2d 425

BOTWIN, APPELLEE v. ROHFELD ET AL., APPELLANTS.

No. 33324Supreme Court of Ohio.
Decided January 21, 1953.

Supreme Court — Dismissal — No debatable constitutional question involved — Real estate brokers — Contracts — Action to recover commission — Court procedure — Appeal — Claimed failure to reply to new matter in answer — Necessity for raising issue in trial court — No bill of exceptions — Judgment for plaintiff affirmed by Court of Appeals — Due process.

APPEAL from the Court of Appeals for Cuyahoga county.

Mr. Nathan M. Botwin, for appellee.

Mr. Alexander H. Martin, Jr., 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., MIDDLETON, TAFT, MATTHIAS, HART, ZIMMERMAN and STEWART, JJ., concur.

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