YOAKAM v. OSGOOD CO., 137 Ohio St. 317 (1940)

29 N.E.2d 364

YOAKAM, ADMR., APPELLANT v. THE OSGOOD CO. ET AL., APPELLEES.

No. 28224Supreme Court of Ohio.
Decided October 2, 1940.

Supreme Court — Dismissal — No debatable constitutional question involved — Appeal — No final order — Overruling plaintiff’s motion for judgment on pleadings and by default — Defendant given leave to plead after plaintiff filed motions — Due process.

APPEAL from the Court of Appeals of Marion county.

Mr. Paul D. Smith and Mr. Thomas H. Sutherland, for appellant.

Page 318

Messrs. Bushnell, Burgess, Fulton Chandler, Mr. Charles O. Chandler and Mr. Ben T. Wiant, for appellees.

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., DAY, ZIMMERMAN, WILLIAMS, MATTHIAS and HART, JJ., concur.