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50 F.2d 900

Docket No. 4542.

Gresham v. Leslie

Seventh Circuit Court of Appeals

Decided June 25, 1931.

Rehearing Denied July 20, 1931.

Seventh Circuit Court of Appeals · decided 1931-06-25

Cited by 2 later decisions — most recently March 1944

1 federal appellate ·

2 counsel of record

Relies on Slaughter-House Cases the Butchers' Benevolent Association of New Orleans v. The Crescent City Live · Douglas v. Noble · State v. Patterson

Good law ✅— No negative treatment on recordhow we know

Opinion by George True Page · Decided 1931-06-25

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¶1Otto Gresham, of Chicago, Ill., pro se.

¶2Richard P. Tinkham and C. B. Tinkham, both of Hammond, Ind., for appellees.

¶3Before EVANS and PAGE, Circuit Judges, and LINDLEY, District Judge.

¶4PAGE, Circuit Judge.

¶5The District Court sustained a demurrer and dismissed appellant’s complaint charging that appellees, as officers of the Lower House of the Indiana Legislature, had damaged him by reason of their refusal to permit action by the -Lower House upon a petition presented by appellant. When filed, the petition was said by appellant to be one for the impeachment of two Indiana circuit court judges, and, fairly considered, it is nothing more. Several times the Supreme Court.of Indiana in construing the Constitution and statutes of that state has held that its Legislature is without power to impeach circuit judges. State v. Patterson, 181 Ind. 660, 105 N. E. 228; State v. Redman, 183 Ind. 332, 109 N. E. 184; State v. Dearth, 201 Ind. 1, 164 N. E. 489.

¶6We are bound by that court’s interpretation of the laws of the state. Slaughter House Cases, 16 Wall. 36, 21 L. Ed. 394; Douglas v. Noble, 261 U. S. 165, 43 S. Ct. 303, 67 L. Ed. 590; Isaacs v. McNeil (C. C.) 44 F. 32, 11 L. R. A. 254.

¶7Affirmed.

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