Opinion · Ohlaw Ohio

BELL v. BELL, 157 Ohio St. 497 (1952)

BELL, APPELLANT v. BELL ET AL., APPELLEES., 105 N.E.2d 868 (Ohio 1952)

Type
Opinion
Court
Ohio
Jurisdiction
Ohio
Date
1952-05-07
Topic
general

BELL v. BELL, 157 Ohio St. 497 (1952) 105 N.E.2d 868 BELL, APPELLANT v. BELL ET AL., APPELLEES. No. 33018Supreme Court of Ohio. Decided May 7, 1952.

Citator

UpLaw has not yet analyzed BELL v. BELL, 157 Ohio St. 497 (1952). The absence of a flag is not a finding that it is good law.

BELL v. BELL,157 Ohio St. 497(1952)
105 N.E.2d 868
BELL, APPELLANT v. BELL ET AL., APPELLEES.
No. 33018
Supreme Court of Ohio.
Decided May 7, 1952.
Supreme Court — Dismissal sua sponte — No debatableconstitutional question involved — Contest of wills —Legatee-executor — Not sued or served in fiduciary capacitywithin statutory time — Attempted amendment and service afterstatutory period ineffectual — Executor a necessary party —Section 12080, General Code — Dismissal — Action not properlycommenced within statutory time.
APPEAL from the Court of Appeals for Lucas county.
Mr. Orin C. Clement, for appellant.Messrs. Taylor, Cruey Kelb, for appellees.
Per Curiam.
It is ordered and adjudged,sua sponte, that this appeal as of right be, and the same hereby is, dismissedPage 498for the reason that no debatable constitutional question is involved.Appeal dismissed.

WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT and MATTHIAS, JJ., concur.