
    Thompson et al. v. Travis et al.
    [No. 27,658.
    Filed March 10, 1942.]
    
      
      Isadore D. Rosenfeld, of South Bend, for appellants.
    
      Walter R. Arnold, of South Bend, and Albert B. Chipman, of Plymouth, for appellees.
    
      George N. Beamer, Attorney General, Joseph P. McNamara, Deputy Attorney General, Fred Bechdolt and Charles W. Grubb, both of Indianapolis, and Oliver A. Switzer, of South Bend, amici curiae.
   Per Curiam.

The judgment from which this appeal is attempted to be taken is designated by the parties as a declaratory judgment. The declaration of rights, however, • seems to be merely incidental to a decree which grants a permanent injunction to the appellees Travis and Tanner on their complaint and to an intervenor, appellee Tomlinson, upon his cross-complaint. It is asserted in the complaint that a constitutional question is involved if a statute mentioned therein is given a certain construction. But the briefs do not present any such question. This court is without jurisdiction of the appeal, § 4-214, Burns’ 1933, § 1356, Baldwin’s 1934. Ross, Rec. v. Terre Haute, etc., Traction Co. (1930), 202 Ind. 698, 171 N. E. 665. Accordingly the cause is hereby ordered to be transferred to the Appellate Court of Indiana pursuant to § 4-217, Burns’ 1933, § 1362, Baldwin’s 1934.

Note.—Reported in 39 N. E. (2d) 944.  