Opinion
No. 33603
Decided October 21, 1953.
Supreme Court — Dismissal — No debatable constitutional question involved — Action to set aside compromise settlement — Motion by trustee under settlement for interlocutory order — Plaintiff subpoenaed by defendants other than trustee — Motion to quash service on subpoena — Plaintiff's failure to appear and testify at hearing on motion — Ordered by court to appear and testify — Order affirmed by Court of Appeals — Not final order — Plaintiff's action dismissed by trial court — Noncompliance with order to appear and testify — Due process — Section 16, Article I, Constitution — Article XIV, Amendments, U.S. Constitution — Fair trial — Section 10, Article I, Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. William J. Kraus, for appellant.
Messrs. Corrigan, McMahon Corrigan, for appellees.
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., MIDDLETON, HART, ZIMMERMAN and STEWART, JJ., concur.
TAFT and MATTHIAS, JJ., not participating.