Fleser v. Aranjo

Flanagan, C. J. Appellees have filed their petition for transfer of this cause to the Appellate Court. It is an appeal from a judgment of permanent injunction. Clearly we are without jurisdiction unless a constituí tional quéstion is involved and duly presented. Burns’ 1946 Replacement, §4-214. Appellants state in their brief that the judgment deprives appellants of their property without due'process of law. No such question was presented to the* trial court, and such mere statement in appellants’ brief does not make a constitutional question involved and duly presented. Pivak v. State (1931), 202 Ind. 417, 175 N. E. 278; Dept. of Insurance v. Indiana Trav. Assur. Co. (1944), 223 Ind. 37, 57 N. E. 2d 625. *695 Petition granted and cause ordered transferred to Appellate Court. Bobbitt, Draper, Emmert, and Gilkison, JJ., concur. Note. — Reported in 121 N. E. 2d 879. For Opinion on Merits in Appellate Court see 123 N. E. 2d 248 (not yet officially reported).