130 N.E.2d 237

NORTH BRITISH MERCANTILE INS. CO., APPELLANT v. MARKOVICH, APPELLEE.

No. 34493Supreme Court of Ohio.
Decided October 13, 1955.

Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Automobile insurance contract — Suit seeking cancellation — Evidence — Representations by assured — Ownership and usage of automobile — Vacation of order overruling motion for new trial.

APPEAL from the Court of Appeals for Cuyahoga County.

Messrs. Payne Hermann, for appellant.

Messrs. Hyland Hyland, for appellee.

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, BELL and TAFT, JJ., concur.

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