HOLDING CO. v. WALLACE, 159 Ohio St. 421 (1953)

112 N.E.2d 336

THE PICKWICK HOLDING CO., APPELLEE v. WALLACE, APPELLANT.

No. 33449Supreme Court of Ohio.
Decided April 29, 1953.

Supreme Court — Dismissal — No debatable constitutional question involved — Court procedure — Forcible entry and detainer action — Special appearance by defendant after default judgment — Motion to quash summons and vacate return of residence service — Overruled — Defendant alleged not to reside at place served — Motion to reconsider motion to quash and to vacate default judgment — Overruled — No motion for new trial filed — Notice of appeal — Filed more than 20 days after default judgment — Directed to default judgment and order overruling motion to reconsider — Motion to quash not considered as motion for new trial — Overruling motion to reconsider not a final order — Due process — Section 16, Article I, Constitution — Article XIV, Amendments, U.S. Constitution.

APPEAL from the Court of Appeals for Franklin county.

Mr. Kenneth B. Johnston, for appellee.

Mr. Walter R. Hill, for appellant.

Page 422

Per Curiam.

It is ordered and adjudged 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., MIDDLETON, TAFT, MATTHIAS, HART, ZIMMERMAN and STEWART, JJ., concur.