87 N.E.2d 136

LINDAMOOD, APPELLANT v. DENNIS ET AL., APPELLEES.

No. 31835Supreme Court of Ohio.
Decided June 22, 1949.

Supreme Court — Dismissal — No debatable constitutional question involved — Action to recover gaming losses — Petition stricken on ground of impossibility of separation of relevant and irrelevant matter — Amended petition dismissed on ground not timely filed and no service — Appeal from dismissal and affirmance by Court of Appeals — Dismissal of appeal by Supreme Court, no debatable constitutional question — “New” petition stricken — Due process — Article XIV, Amendments, U.S. Constitution.

APPEAL from the Court of Appeals for Greene county.

Mr. Drewey H. Wysong, for appellant.

Mr. R. Stanley Lucas, Mr. Marcus Shoup, Messrs. Marshall Marshall and Mr. Sol Goodman, for appellees.

Per Curiam.

It is ordered and adjudged, sua sponte, 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, STEWART, TURNER and TAFT, JJ., concur.

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