145 N.E.2d 537
No. 35202Supreme Court of Ohio.
Decided October 9, 1957.
Supreme Court — Dismissal — No debatable constitutional question involved — Cognovit note and mortgage — Amenability to judicial construction — Action to cancel note and discharge mortgage — Nature of action — Right to accelerate payment — Effect of tender — Evidence — Sections 2311.02, 2311.04 and 2315.20, Revised Code — Section 5, Article I, Constitution — Trial by jury.
APPEAL from the Court of Appeals for Cuyahoga County.
Messrs. Snyder, Neff Vintilla, for appellees.
Mr. Anthony R. Fiorette and Mr. John A. Pasquale, for appellant.
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The appeal as of right herein is dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, BELL, TAFT and HERBERT, JJ., concur.
MATTHIAS, J., not participating.