24 N.E.2d 1018
No. 27902Supreme Court of Ohio.
Decided January 10, 1940.
Supreme Court — Dismissal — No debatable constitutional question involved — Appeal on law and fact — From order allowing attorneys’ fees in taxpayer’s action in injunction — Appeal retained on questions of law — Section 6, Article IV, Constitution.
APPEAL from the Court of Appeals of Cuyahoga county.
Mr. John J. Tetlow, Mr. John J. Sheehan, Mr. John J. Kennedy, Mr. Wesley L. Grills, Mr. Ray T. Miller and Mr. Don C. Miller, for relator.
Mr. Frank T. Cullitan, prosecuting attorney, and Mr. Saul S. Danaceau, for respondents.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, WILLIAMS, MYERS and MATTHIAS, JJ., concur.
DAY and HART, JJ., riot participating.
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