Opinion
No. 29520
Decided February 9, 1944.
Supreme Court — Affirmance — Judges equally divided — Section 2, Article IV, Constitution — Banks and banking — Action to declare land trust void — To set aside sale of property to trust — And to restore to land trust certificate-holders money paid for property — Liquidation of trust company — Claims not filed with Superintendent of Banks by certificate-holders — Section 710-92a, General Code.
APPEAL from the Court of Appeals of Cuyahoga county.
Messrs. Horwitz, Kiefer Harmel, Mr. Julius B. Amber and Mr. Cary R. Alburn, for appellants.
Mr. Thomas J. Herbert, attorney general, Mr. Harold O. Ziegler, Mr. Austin W. Scott, Messrs. Baker, Hostetler Patterson, Mr. Howard F. Burns and Mr. John Adams, for appellees William L. Hart, superintendent of banks, and Union Properties, Inc.
Messrs. Thompson, Hine Flory and Mr. Read M. Kuhns, for appellee The National City Bank of Cleveland.
It appearing that the judges of the court are equally divided in opinion as to the merits of this case (one judge not participating) and are for that reason unable to agree upon a judgment, and the entry of that fact constituting an affirmance of the judgment of the Court of Appeals, it is ordered that that judgment be affirmed.
Judgment affirmed.
WEYGANDT, C.J., ZIMMERMAN and TURNER, JJ., concur.
WILLIAMS, J., not participating.