Opinion
No. 30917
Decided February 13, 1947.
Supreme Court — Dismissal — No debatable constitutional question involved — Appeal — Action for money only — Defense of accord and satisfaction — Reply alleging fraud in inducing accord and satisfaction — Sole reliance by defendant on defense of accord and satisfaction — Judgment for defendant — Appeal on law and fact — Dismissed by Court of Appeals but retained as appeal on law — No order on such action before case heard — Right to trial do novo — Section 6, Article IV, Constitution — Right to order on dismissal and retention and to appeal therefrom.
APPEAL from the Court of Appeals for Hamilton county.
Messrs. Steer, Strauss Adair, for appellants.
Messrs. Peck, Shaffer Williams and Mr. Leonard C. Gartner, for appellee.
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, MATTHIAS, ZIMMERMAN, BELL and SOHNGEN, JJ., concur.
HART, J., not participating.