Olson v. Snyder

No. 735
Decided Circuit Court of Appeals, Eighth Circuit
Disposition
dismissed
full scope · Unanimous
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Court
Circuit Court of the United States for the District of Nebraska
Decided
Posture
Unknown
Appellant (1)
Olson
Richard H. Manning
v.
Appellee (1)
Snyder
John G. Manahan

Overview

Appeal dismissed, with costs, pursuant to twenty-third rule, for failure to print record, on motion of counsel for appellee.

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

Majority
opinion
  • Appeal dismissed for procedural default: failure to print record

Jurisdiction

not challenged
Jurisdictional facts
  • Appeal from the Circuit Court of the United States for the District of Nebraska

Procedural posture

Posture at trial
Unknown
Posture on appeal
Direct appeal
Forfeited issues
  • Failure to print record

Subsequent history

Petition for rehearing
not filed
Rehearing en banc
not filed
Petition for certiorari
not filed

Legal categories

Business

Case record

Full case name
OLSON v. SNYDER
Docket number
No. 735
Court
Circuit Court of Appeals, Eighth Circuit
Trial court
Circuit Court of the United States for the District of Nebraska
Decided
Opinion type
unpublished
Precedential status
non-precedential

Issues & holdings

1
Issues raised
1
dismissed
1
Holdings
Standard of review

Procedural rule application

Disposition rationale

Appellant failed to comply with procedural requirement to print record

Preservation

Issue not preserved

Holdings of the court

Appeal dismissal
Appeal dismissed with costs for failure to print record pursuant to twenty-third rule
Appellant failed to comply with procedural requirement, warranting dismissal on motion of appellee
Unanimousnon-binding

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

Prosecution burden
Not applicable
Defence burden
Not applicable
Burden met
false

Standards of review

  • Dismissal for failure to print record — plain error Procedural default under court rules

Timeline

appeal eventcited in opinion

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

Failure to print record
Circuit Court of Appeals, Eighth Circuit · Richard H. Manning · John G. Manahan appellate court

Facts & evidence

Key facts

1 facts
  1. Appeal dismissed for failure to print record pursuant to twenty-third rule

Objects of relevance

Printed record of case

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 decision
Summarizes the procedural ground for dismissal
Index terms32
Summary terms
Legal mechanisms
Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal evidence
Legal arguments
Legal defenses
Legal penalties
Legal procedural steps
Geo locations
Judges
Attorneys
Procedural terms
Substantive offenses
Entities and documentation
Legal actions
Action type
dismissed
Target
Appeal
Appealed from
Circuit Court of the United States for the District of Nebraska
Context
Appeal dismissed with costs for failure to print record pursuant to twenty-third rule, on motion of counsel for appellee
Scope
full
Disposition vote
Unanimous
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Courts
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