108 N.E.2d 833

KATAFIASZ, APPELLEE v. GLEMP ET AL., APPELLANTS.[*]

No. 33164Supreme Court of Ohio.
Decided October 29, 1952.

[*] Reporter’s Note: Motion to certify the record allowed.

Supreme Court — Dismissal — No debatable constitutional question involved — Contracts — Specific performance — Oral contract to convey by deed or will — To take effect after death — Part performance as removal from statute of frauds — Sufficiency of — Services rendered by foster child — Sections 8621 and 10504-3a, General Code — Questioning of witnesses by court — Due process — Article XIV, Amendments, U.S. Constitution.

APPEAL from the Court of Appeals for Lucas county.

Mr. Thaddeus N. Walinski, for appellee.

Mr. Wm. Kent Fenton and Mr. Fred A. Riehm, for appellants.

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., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.

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