92 N.E.2d 689

WENNING, APPELLANT v. THE PEOPLES BANK OF COLDWATER, OHIO, ET AL., APPELLEES.

No. 32075Supreme Court of Ohio.
Decided March 22, 1950.

Supreme Court — Dismissal — No debatable constitutional question involved — Conflict of law — Land foreclosure proceeding instituted in Common Pleas Court, September 7, 1934 — October 2, 1934, petition filed in federal court under farmer-debtor law — Section 203, Title 11, U.S. Code — Common Pleas judgment for P. bank, October 16, 1934 — Farmer-debtor proceeding terminated, January 7, 1935 — Farmer-debtor petition dismissed, August 6, 1935 — Common Pleas judgment for F. Bank and foreclosure, January 26, 1938 — Second farmer-debtor petition filed, January 28, 1938 — Common Pleas order of sale and appraisal, January 31, 1938 — Sale advertisement, February 10, 1938 — Second farmer-debtor proceeding terminated February 24, 1938 — Amended farmer-debtor petition filed March 2, 1938, and administration reference — Restraining order to Common Pleas Court, March 9, 1938 — Second farmer-debtor petition dismissed, October 10, 1938 — Sale, March 12, 1938 — Confirmation of sale, December 17, 1938 — Federal jurisdiction of bankruptcies — Section 8, Article I, U.S. Constitution

Page 584

— Federal judicial power, where vested — Section 1, Article III, U.S. Constitution — Supremacy of federal law — Section 7, Article XV, Constitution — Article VI, U.S. Constitution.

APPEAL from the Court of Appeals for Mercer county.

Mr. Elmer McClain, for appellant.

Mr. Henry J. Knapke, Mr. Carleton Reiser and Mr. David Armstrong, for appellees.

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

Appeal dismissed.

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

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