139 N.E.2d 41

NIELSON ET AL., APPELLANTS v. BREINING, AUD., ET AL., APPELLEES.

No. 35002Supreme Court of Ohio.
Decided December 19, 1956.

Supreme Court — Dismissal — No debatable constitutional question involved — Injunction — Annexation proceeding — Board of county commissioners — Allegation a commissioner an interested party — Transcript of proceedings deposited with city auditor — City treasurer occupying joint position as city auditor — Allegation annexation too large generally — Section 19, Article I, Constitution — Inviolability of private property — Article XIV, Amendments, U.S. Constitution — Due process.

Page 112

Per Curiam.

APPEAL from the Court of Appeals for Erie County.

Messrs. True Meyer, for appellants.

Mr. John W. Lehrer, city solicitor, and Messrs. Kerchner, Holzapfel Buckingham, for appellees.

The appeal as of right herein is dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, STEWART and BELL, JJ., concur.

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