S. EUCLID CONCRETE v. DUNSTON, GREENWOOD ACRES, 168 Ohio St. 266 (1958)

153 N.E.2d 675

SOUTH EUCLID CONCRETE CO., APPELLEE v. DUNSTON ET AL., APPELLEES; GREENWOOD ACRES NO. 1, INC., ET AL., APPELLANTS.

No. 35643Supreme Court of Ohio.
Decided October 15, 1958.

Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Mechanic’s lien — Foreclosure action by materialman — One affidavit — On separate parcels in housing development — Treated as single lien — Owner’s right to set-off — Limitation — Foreclosure of mortgage — Sections 1 and 16, Article I, Constitution — Due process.

APPEAL from the Court of Appeals for Cuyahoga County.

Messrs. Nicola Marsh, for appellee South Euclid Concrete Company.

Mr. John R. Kistner, for appellee The Goff-Kirby Company.

Messrs. Diehm Farber, for appellee New York Life Insurance Company.

Mr. Robert E. Jaffe and Mr. David Perris, for appellants.

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

Appeal dismissed.

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

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