Opinion
No. 34036
Decided June 30, 1954.
Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Action for declaratory judgment and determination of heirship — Common-law marriage — Burden of proving on one claiming — Party claiming as surviving common-law spouse may not testify, when — Marriage not proved, when — Gift inter vivos of corporate stock — Essentials of — Not completed, when — Broker an agent or trustee, when — Validity of subpoena duces tecum for stock in brokerage account — Evidence — Appeal on law and fact — Retained as appeal on law, when — Due process — Section 16, Article 1, Constitution — Jurisdiction of Probate Court — Section 8, Article IV, Constitution — Searches and seizures — Article IV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Montgomery county.
Mr. Byron E. Holzfaster, for appellee.
Mr. Clement V. Jacobs, for appellant.
It is ordered and adjudged, sua sponte, 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., MIDDLETON, TAFT, HART, ZIMMERMAN, STEWART and LAMNECK, JJ., concur.