35 N.E.2d 732
No. 28639Supreme Court of Ohio.
Decided June 11, 1941.
Supreme Court — Dismissal — No debatable constitutional question involved — Amount of judgment against insured recovered in supplemental action against insurer — Sections 9510-3 and 9510-4, General Code — Failure of insured to appear during original action — Defense of action by insurer waiver of cooperation clause of policy — Due process — Equal protection.
APPEAL from the Court of Appeals of Cuyahoga county.
Messrs. Kuth Trenkamp, for appellee.
Mr. John H. McNeal, Mr. Harley J. McNeal and Mr. T. Edward McNamara, for appellant.
Page 479
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., TURNER, WILLIAMS, HART, ZIMMERMAN and BETTMAN, JJ., concur.
MATTHIAS, J., not participating.