138 N.E.2d 388

DONNELLY, APPELLEE v. J.V. LEWIS ICE CREAM CO. ET AL., APPELLANTS.

No. 34927Supreme Court of Ohio.
Decided November 21, 1956.

Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Mortgaged real estate held by testamentary trustee — Foreclosure — Jurisdiction — Probate Court — Common Pleas Court — Sections 1, 3, 4, 7 and 8, Article IV, Constitution.

APPEAL from the Court of Appeals for Cuyahoga County.

Messrs. Calfee, Fogg, McChord Halter, Mr. Daniel L. Ekelman
and Mr. John L. Naylor, Jr., for appellee.

Mr. Charles A. Chandler, for appellants.

Page 584

It is ordered and adjudged, sua sponte, 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, HART, ZIMMERMAN, STEWART, BELL and TAFT, JJ., concur.

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