Supreme Court — Dismissal — No debatable constitutional question involved — Judgments — Vacation after term — Unavoidable casualty or misfortune — Subdivision 7, Section 11631, General Code — Default judgment against defendant in tort action — Receipt of summons denied — Defendant alleged a valid defense in petition to vacate — Evidence — Necessity for in support of allegations of petition — Sufficiency of as regards failure of summons.
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., MIDDLETON, TAFT, HART, ZIMMERMAN, STEWART and LAMNECK, JJ., concur.