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CLARK, APPELLANT v. CITY OF DAYTON ET AL., APPELLEES.

Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Replevin — Affidavit and bond filed — No appraisement made or answer filed — Motion for judgment on pleadings overruled — Plaintiff electing not to proceed further, action dismissed — Rules 10 and 20, Dayton Municipal Court — Due process.

Per Curiam.

The appeal as of right herein is dismissed sua sponte for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., ZIMMERMAN, STEWART, BELL, TAFT, MATTHIAS and HERBERT, JJ., concur.

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CLARK v. DAYTON
(Mar 20, 1957)