103 N.E.2d 273
No. 32873Supreme Court of Ohio.
Decided January 16, 1952.
Supreme Court — Dismissal — No debatable constitutional question involved — Municipal corporations — Annexation of territory contiguous to city and village — Sought by village — Section 3558 et seq., General Code — Petition by freeholders for annexation to city — Section 3548 et seq., General Code — Proceedings by village stayed pending election — Section 3561-1, General Code — Proceedings on freeholders’ petition not stayed, when — Freeholder’s attempted withdrawal of signature — Annexation to city granted on freeholders’ petition — Action to enjoin annexation — Parties — “Any person interested,” defined — Section 3532, General Code — Whether annexation right, just and equitable issue on trial — Sections 3534 and 3535, General Code — Due process — Section 16, Article 1, Constitution — Section 1, Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Franklin county.
Mr. Thos. W. Maxson, for appellants.
Mr. Richard W. Gordon, city attorney, Mr. Baxter Evans and Mr. Hugh K. Martin, for appellees.
Per Curiam.
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., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.
Page 453