4 N.E.2d 595
No. 26133Supreme Court of Ohio.
Decided October 28, 1936.
Supreme Court — Dismissals — No debatable constitutional question involved — Petition to vacate judgment filed in Court of Appeals — Upon ground newly discovered decision by another Court of Appeals created conflict — Due process and equal protection
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— Jury trial granted in one case and denied in another — Directed verdict for insurer on lapsed life insurance policy — Beneficiary claimed insurer customarily accepted overdue premiums and continued policy in force.
APPEAL from the Court of Appeals of Cuyahoga county.
Mr. Ben G. Ruby, for appellant.
Messrs. Friebolin Byers, for appellee.
It is ordered and adjudged that said appeal as of right be, and the same is hereby, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., STEPHENSON, MATTHIAS, DAY and ZIMMERMAN, JJ., concur.
WILLIAMS and JONES, JJ., not participating.