198 N.E. 634
No. 25606Supreme Court of Ohio.
Decided November 13, 1935.
Supreme Court — Dismissals — No debatable constitutional question involved — Attorney and client — Action for money had and received — Directed verdict — Variance between pleading and proof — Evidence — Burden of proving payment — Error proceedings — Right to have entire Court of Appeals decide assignments of error — Three judges heard case, but one died before decision announced.
ERROR to the Court of Appeals of Franklin county.
Messrs. Druggan Gingher, for plaintiff in error.
Mr. Homer Z. Bostwick and Mr. John E. Todd, for defendant in error.
It is ordered and adjudged that said petition in error be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Petition in error dismissed.
WEYGANDT, C.J., STEPHENSON, WILLIAMS, JONES, MATTHIAS, DAY and ZIMMERMAN, JJ., concur.
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