Summary
sustaining dismissal of petition to set aside default judgment
Summary of this case from Hughes v. Bd. of RevisionOpinion
No. 28788
Decided November 12, 1941.
Supreme Court — Dismissal — No debatable constitutional question involved — Action against lessee for foreclosure of lien for state taxes — Section 5330, General Code — Third amended answer stricken from files and default judgment entered — Petition to set aside default judgment dismissed — Section 10, Article I, U.S. Constitution — Impairing obligation of contract — Section 1, Article XIV, Amendments to U.S. Constitution — Due process — Equal protection.
APPEAL from the Court of Appeals of Butler county.
Mr. Paul A. Baden, prosecuting attorney, for appellee.
Mr. George S. Hawke and Mr. Benjamin F. Levinson, for appellant.
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, WILLIAMS, MATTHIAS. HART, ZIMMERMAN and BETTMAN, JJ., concur.