Overview
Case summary
This case involves an appeal by LOSS against MERCANTILE TRUST CO. from the Circuit Court of the United States for the Southern District of Illinois. The Circuit Court of Appeals, Seventh Circuit, dismissed the appeal on October 23, 1896, due to the appellant's failure to print the record as required by procedural rules. The court did not reach the merits of the underlying dispute, focusing solely on the procedural default.
Abstract
The case is an appeal dismissed by the Circuit Court of Appeals due to the appellant's failure to print the record as required by procedural rules. The court did not address the merits of the underlying dispute, focusing only on the procedural default. The appeal was dismissed on that basis.
Opinion of the court
opinion
- Appeal dismissed for procedural default of failing to print record
Jurisdiction
not challenged- Appeal from the Circuit Court of the United States for the Southern District of Illinois
Procedural posture
- Failure to print record
Subsequent history
Legal categories
Case record
Issues & holdings
Procedural default
Appeal dismissed due to appellant's failure to comply with procedural requirement of printing the record
Issue not preserved
Holdings of the court
Error analysis
- Failure to print record — procedural · error foundProcedural default precludes review on merits · not applicable
Burden of proof
Standards of review
- Failure to print record — plain error Procedural default leading to dismissal of appeal
Timeline
Circuit Court of Appeals, Seventh Circuit dismisses appeal for failure to print record
Outcome: Appeal dismissed
Final disposition of the appeal due to procedural default
Facts & evidence
Procedural history
2 steps- Appeal filed from Circuit Court of the United States for the Southern District of Illinois
- Appeal dismissed for failure to print record
Objects of relevance
Policy considerations
- Importance of adhering to procedural rules in appellate practice
Authorities
Standards & doctrines
- Procedural default doctrine
Legal principles applied
- Compliance with appellate procedural rules is mandatory
Notable quotes
“Dismissed, for failure to print record.”majority — Court's disposition of the appealSummarizes the sole reason for dismissal based on procedural default