TOOHEY v. SIMMONS

Supreme Court — Dismissal — No debatable constitutional question involved — Action for marshalling liens and sale of property — Service by publication only — First mortgagee answered and cross-petitioned for foreclosure — Foreclosure, sale, confirmation and deed ordered — No service of summons on cross-petition or second mortgagee — Motion to vacate decree of confirmation of sale, overruled — Section 11632, General Code — Appeal — Reviewing court to pass upon all assigned errors — Section 12223-21 — 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., TURNER, MATTHIAS, HART, SOHNGEN and STEWART, JJ., concur.

ZIMMERMAN, J., not participating.