C.A.P.A. v. HAWKE BREWER

Supreme Court — Dismissal — No debatable constitutional question involved — Declaratory judgments — Action by drawer to declare check void — Check given for purchase of wrecked automobile — To claimed owner and mortgagor of vehicle — Check certified and held by owner — Payment of amount of check by plaintiff to mortgagee to obtain title — Answer alleging fraud in sale to owner and no title in him — Cross-petition for damages for such fraud — Check held by defendant as security for damage claim — Not endorsed by paid mortgagee — Demand for jury trial on cross-petition — Judgment for plaintiff on pleadings — Right to jury trial — Section 5, Article I, Constitution — Due process — Section 16, Article I, Constitution — Article XIV, 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., MATTHIAS, HART, ZIMMERMAN, STEWART, TURNER and TAFT, JJ., concur.