35 N.E.2d 446
No. 28659Supreme Court of Ohio.
Decided June 11, 1941.
Supreme Court — Dismissal — No debatable constitutional question involved — Insolvent mutual assessment insurance company taken over by Superintendent of Insurance — Action against policyholder for assessment — Losses of policyholder under policy — Not allowed as counterclaim or set-off — Section 28, Article II, Constitution — section 10, Article I, U.S. Constitution.
APPEAL from the Court of Appeals of Hamilton county.
Mr. Thomas J. Herbert, attorney general, Mr. Froome Barbour
and Mr. James E. Kimpel, for appellee.
Mr. C.G. Yarwood and Mr. Oris E. Hamilton, for appellant.
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.
WEYGAND, C.J., TURNER, WILLIAMS, HART, ZIMMERMAN and BETTMAN, JJ., concur.
MATTHIAS, J., not participating.
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