56 N.E.2d 205
No. 30024Supreme Court of Ohio.
Decided June 14, 1944.
Supreme Court — Dismissal — No debatable constitutional question involved — Appropriation of real estate — Parties — Record owner of fee not made party defendant — But mortgagee, with interest exceeding award, and record owner’s attorney among defendants named — Record owner represented under power of attorney and had constructive notice — Injunction petition of record owner dismissed and cross-petitioner’s title quieted — Inference owner knew of appropriation proceeding and estopped to assert claim — Due process — Sections 1 and 19, Article I, Constitution — Article V, and Section 1, Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals of Cuyahoga county.
Mr. Philip Schoenberg, for appellant.
Mr. Don P. Mills, for appellee.
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., MATTHIAS, ZIMMERMAN, WILLIAMS and TURNER, JJ., concur.
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