MINNICH v. KIRIAN, 116 Ohio St. 736 (1927)

158 N.E. 1

MINNICH v. KIRIAN ET AL.

No. 20284Supreme Court of Ohio.
Decided April 26, 1927.

Supreme Court — Dismissals — No debatable constitutional question involved.

ERROR to the Court of Appeals of Lucas county.

Mr. Benjamin F. James, for plaintiff in error.

Messrs. Hackett Lynch, for defendants in error.

After this court had overruled a motion to certify the record in this cause, plaintiff in error filed a petition in error as of right. Thereupon the defendant in error filed a motion to dismiss the petition in error, on the ground that no debatable constitutional question is involved. Finding no debatable constitutional question in the record as it

Page 737

was presented to the Court of Appeals, the motion to dismiss is sustained.

Petition in error dismissed.

MARSHALL, C.J., DAY, ALLEN, KINKADE, ROBINSON, JONES and MATTHIAS, JJ., concur.

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