NATIONAL SURETY CORP. v. BLACKBURN

Supreme Court — Dismissal — No debatable constitutional question involved — Petition and affidavit of attachment by subrogated surety — Default judgment — Vacation after term — Failure to tender answer — Appeal — Notice, brief and assignments of error — Failure to file within time — Disability by reason of imprisonment — Dismissal — Due process — Section 16, Article I, Constitution — Article V, Amendments, U.S. Constitution.

Per Curiam.

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.