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HARTER HOLDING Co., APPELLEE v. PERKINS ET AL.; MCCULLOCH, APPELLANT.

Supreme Court — Dismissal — No debatable constitutional question involved — Bank in process of liquidation — Resumed business under plan consented to by majority of stockholders and depositors — Plan approved by Common Pleas Court — Stockholder, consenting only as depositor, refused to turn over shares under plan — Declaratory judgment compelling stockholder to turn over shares — Sections 16 and 19, Article I, Constitution — Section 1, 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, WILLIAMS, MATTHIAS and ZIMMERMAN, JJ., concur.

BETTMAN, J., not participating.

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HARTER HOLDING CO. v. PERKINS
(Apr 1, 1942)