EASTERDAY v. EASTERDAY, 131 Ohio St. 165 (1936)

2 N.E.2d 8

EASTERDAY, APPELLANT v. EASTERDAY ET AL., APPELLEES.

No. 25937Supreme Court of Ohio.
Decided May 13, 1936.

Supreme Court — Dismissals — No debatable constitutional question involved — Court of Appeals — Jurisdiction to remand case with suggested way to cure error — Trial court’s right to follow suggestion — Hearing — Overruling application for change of venue after judgment — Section 12000, General Code.

APPEAL from the Court of Appeals of Clark county.

Messrs. Olinger Olinger, for appellant.

Mr. R. Stanley Lucas, for appellees.

It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

Appeal dismissed.

STEPHENSON, WILLIAMS, JONES, MATTHIAS, DAY and ZIMMERMAN, JJ., concur.

WEYGANDT, C.J., not participating.

Page 166

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