WHITMER BROTHERS FUNERAL HOME v. BORDEN

Supreme Court — Dismissal — No debatable constitutional question involved — New trial conditioned on acceptance of remittitur by both parties — Plaintiff accepted, but defendant rejected — New trial granted — Appeal dismissed by Court of Appeals — No final order.

It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

Appeal dismissed.

WEYGANDT, C.J., DAY, ZIMMERMAN, WILLIAMS, MYERS, MATTHIAS and HART, JJ., concur.