OETJEN v. GOFF-KIRBY CO

Supreme Court — Dismissal — No debatable constitutional question involved — Injunction and money damages for nuisance — Appeal on law and fact — Right to trial de novo in equity case — Determination that appeal should be on questions of law only — No appeal from order — Judgment or final order — Section 6, Article IV, Constitution — Sections 12223-2, 12223-21 (2) and 12223-22 (2), General Code.

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, WILLIAMS, MATTHIAS, HART and ZIMMERMAN, JJ., concur.