KOHN v. KERN, 144 Ohio St. 323 (1944)

58 N.E.2d 772

KOHN, APPELLEE v. KERN ET AL., APPELLANTS.

No. 30052Supreme Court of Ohio.
Decided December 13, 1944.

Supreme Court — Dismissal — No debatable constitutional question involved — Corporations — Receivers — Action on behalf of solvent corporation by minority shareholder — Against majority shareholders and directors — Petition alleged diversion of assets and prayed for accounting and receiver — Cause of action stated, when — Subsequent positively verified motion for receiver on same general grounds — Statements therein not denied, when — What constitutes evidence — Court may appoint receiver and discretion not abused, when — Inviolability of property — Due process — Sections 1, 16 and 19, Article I, Constitution — Article XIV, Amendments, U.S. Constitution.

APPEAL from the Court of Appeals of Cuyahoga county.

Messrs. Klein Diehm, for appellee.

Messrs. Miller Hornbeck and Messrs. Halle, Haber, Berick McNulty, 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., MATTHIAS, HART, ZIMMERMAN, WILLIAMS and TURNER, JJ., concur.

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