Overview
Case summary
This is a brief appellate decision from the Eighth Circuit Court of Appeals in 1896. The appeal, Olson v. Snyder, was dismissed with costs because the appellant failed to print the record as required by the twenty-third rule of the court. The appellee's counsel moved for dismissal on this procedural ground. No substantive opinion was issued, and the case was terminated based on this procedural default.
Abstract
The appellate court dismissed the appeal with costs due to the appellant's failure to print the record as required by the court's rule. The dismissal was granted on motion by counsel for the appellee. No substantive opinion was issued, and the case was terminated on this procedural ground.
Opinion of the court
opinion
- Appeal dismissed for procedural default: failure to print record
Jurisdiction
not challenged- Appeal from the Circuit Court of the United States for the District of Nebraska
Procedural posture
- Failure to print record
Subsequent history
Legal categories
Case record
Issues & holdings
Procedural rule application
Appellant failed to comply with procedural requirement to print record
Issue not preserved
Holdings of the court
Error analysis
- Failure to print record as required by court rules — procedural · error foundNot applicable as error led to dismissal · not applicable
Burden of proof
Standards of review
- Dismissal for failure to print record — plain error Procedural default under court rules
Timeline
Circuit Court of Appeals dismisses appeal with costs for failure to print record pursuant to twenty-third rule, on motion of counsel for appellee
Outcome: Appeal dismissed with costs
Appeal terminated due to procedural default
Facts & evidence
Key facts
1 facts- Appeal dismissed for failure to print record pursuant to twenty-third rule
Objects of relevance
Authorities
Statutes
- Twenty-third rule of the Circuit Court of Appeals
Standards & doctrines
- Procedural default doctrine in appellate courts
Legal principles applied
- Compliance with appellate procedural rules is mandatory
Notable quotes
“Dismissed, with costs, pursuant to twenty-third rule, for failure to print record, on motion of counsel for appellee”majority — Conclusion of the appellate decisionSummarizes the procedural ground for dismissal