49 N.E.2d 568
No. 29425Supreme Court of Ohio.
Decided March 3, 1943.
Supreme Court — Dismissal — No debatable constitutional question involved — Action for divorce — Temporary alimony awarded defendant — Answer and cross-petition for alimony, with personal service on plaintiff — Amended answer and cross-petition for alimony, without service — Court not divested of jurisdiction of alimony by plaintiff dismissing petition — Declaratory judgment not proper remedy to determine jurisdiction in another pending case — Sections 12102-1 and 12102-12, General Code — Section 16, Article I, Constitution — Article XIV, Amendments to U.S. Constitution.
APPEAL from the Court of Appeals of Cuyahoga county.
Messrs. Keeley, Kutash Bloch, for appellant.
Mr. Howell Leuck and Mr. Walter I. Krewson, for appellees.
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.
WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, BELL, WILLIAMS and TURNER, JJ., concur.
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