BURSE v. HAROLD, 137 Ohio St. 351 (1940)

30 N.E.2d 344

BURSE ET AL., APPELLEES v. HAROLD ET AL., APPELLEES; CRAIG, A MINOR, APPELLANT.[*]

No. 28246Supreme Court of Ohio.
Decided November 13, 1940.

[*] Reporter’s Note: For former decision, see Burse
v. Harold, 136 Ohio St. 219.

Supreme Court — Dismissal — No debatable constitutional question involved — Trust property mortgaged for improvements — Action by trustee to cancel mortgage — Cross — petition for foreclosure — Minor beneficiary not made party — Vacation of foreclosure decree reversed by Court of Appeals — Supreme Court sua sponte dismissed appeal as of right — Petition, subsequently filed in Court of Appeals to vacate judgment, dismissed — Second appeal as of right taken.

APPEAL from the Court of Appeals of Cuyahoga county.

Mr. Harold T. Gassaway, for appellees, Fate Burse and others.

Mr. Henry M. Goldwasser, Messrs. Roth, Pollack Ulcigan an Mr. C.H. Royon, for appellees, Thad B. Harold and others.

Mr. Alexander H. Martin, for appellant.

It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

Appeal dismissed.

WEYGANDT, C.J., DAY, MATTHIAS, HART and TURNER, JJ., concur.

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