Supreme Court — Dismissal — No debatable constitutional question involved — Judgments — Divorce and custody of child awarded to mother — Remarriage of mother — Application in Probate Court by mother and husband to adopt child — No allegation or mention as to father — No notice to or knowledge by father — Approval of consent by divorce court filed in Probate Court — Without notice to father or hearing or record in former court — Decree of adoption February 23, 1943 — Action by father in Common Pleas Court August 24, 1945 — To set aside adoption decree — Decree of adoption vacated — Reversal of vacation judgment by Court of Appeals — Section 10512-9 et seq., General Code (118 Ohio Laws, 626) — Requiring names of parents in adoption petition — And notice to nonconsenting parents — And requiring consent of only the parent awarded custody by divorce — If divorce court approves consent — Due process — Section 16, Article I, Constitution — Article XIV, Amendments, U.S. Constitution.
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, SOHNGEN and STEWART, JJ., concur.
TURNER, J., not participating.