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SCHAEFER, EXRX., APPELLEE v. BANKER, APPELLANT.

Supreme Court — Dismissal — No debatable constitutional question involved — Revivor of judgments — Section 11645 et seq., General Code — Conditional order of revivor for plaintiff — Defendant given 20 days to show cause — Section 11647, General Code — Providing judgment revived if sufficient cause not shown — Separate action instituted in same court within 20 days by defendant — To enjoin revivor on ground judgment void — Temporary injunction ordered and served — Notice of injunction action and temporary order filed in revivor proceeding — Demurrer to injunction petition sustained and injunction dissolved — Answer in revivor proceeding more than 20 days after conditional revivor — Setting forth judgment void — Answer stricken because not timely filed — Due process.

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, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.

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SCHAEFER v. BANKER
(May 5, 1948)