
    Toohey, Appellee, v. Simmons et al., Appellants, et al. 
    (No. 28316
    Decided November 20, 1940.)
    No appearance of record for appellees.
    
      Mr. George 8. Hawhe, for appellants.
   It is ordered and adjudged, sua sponte, 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, Matthias, Hart and Turner, JJ., concur.  