79 N.E.2d 912
No. 31384Supreme Court of Ohio.
Decided April 21, 1948.
Supreme Court — Dismissal — No debatable constitutional question involved — Judgments — Personal injury action — Judgment for plaintiff — Appeal to Court of Appeals — Opinion of reversal and dissenting opinion — Plaintiff’s application for rehearing denied — Death of concurring judge and qualification of successor — Notice of desire by plaintiff to resubmit case — Entry of reversal filed without resubmission — Due process — Section 16, Article I, Constitution — Article V, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Erie county.
Messrs. Murray Murray, for appellant.
Messrs. Flynn, Py Kruse and Mr. F.H. Buckingham, for appellee.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the
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reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.