Opinion
No. 31563
Decided November 24, 1948.
Supreme Court — Dismissal — No debatable constitutional question involved — Appeal — Judgments — Money action in Cleveland Municipal Court — Judgment for plaintiff — Defendant's motion to vacate allowed without hearing — Appeal by plaintiff — Remand by Court of Appeals for hearing on motion — Oral application in Municipal Court by plaintiff to dismiss motion — On ground of noncompliance with court rule relating to motions — Motion to vacate judgment allowed — Appeal by plaintiff — Reversal by Court of Appeals on ground of noncompliance with such rule — Judgment for plaintiff reinstated — Allowance of motion, final order, when — Section 6, Article IV, Constitution — "Questions arising under the Constitution" mean debatable questions, when — Section 2, Article IV, Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Messrs. Oviatt Oviatt, for appellee.
Messrs. Woodle Wachtel, for appellants.
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, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.