Halliday
v.
York-Lake Co.

Supreme Court of OhioNov 14, 1951
156 Ohio St. 262 (Ohio 1951)
156 Ohio St. 262101 N.E.2d 905

No. 32750

Decided November 14, 1951.

Supreme Court — Dismissal — No debatable constitutional question involved — Declaratory judgment action — Judgment for defendant on pleadings and plaintiff's opening statement — Torrens registered titles not impeachable in collateral attack — Constitutionality of Torrens Act questioned — Dissolution of corporations — Necessity for filing certificate with Secretary of State — Appointment of corporate receiver claimed invalid — Validity of transfer of realty by corporate officers questioned — Validity of judgment by nonparticipating judge — Jurisdiction of Court of Appeals — Right to possession of property — Section 1, Article 1, Constitution — Due process — Article XIV, Amendments, U.S. Constitution — Registration of land titles — Section 40, Article II, Constitution.

APPEAL from the Court of Appeals for Cuyahoga county.

Messrs. Deibel, Elbrecht Roberts, for appellant.

Messrs. Thompson, Hine Flory and Mr. Edgar P. Stocker, for appellees Cleveland Metal Fabricating Co., Edward B. Meyer and Marvel Window Cleaner, Inc.

Mr. Harold O. Ziegler, for appellees Union Properties, Inc., Sylvester T. Dailey, Alice L. Dailey and Rollo V. Lais.

Mr. Louis W. Gering, Jr., for appellee Midland Properties Co.


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., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.