Loss v. Mercantile Trust Co.

No. 297
Decided Circuit Court of Appeals, Seventh Circuit
Disposition
dismissed
full scope · unanimous
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Court
Circuit Court of the United States for the Southern District of Illinois
Decided
Posture
Judgment from trial court
Appellant (1)
LOSS
Milford J. Thompson, S. W. McCaslin
v.
Appellee (1)
MERCANTILE TRUST CO.

Overview

The appeal is dismissed for failure to print the record.

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

Majority
opinion
  • Appeal dismissed for procedural default of failing to print record

Jurisdiction

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

Procedural posture

Posture at trial
Judgment from trial court
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
LOSS v. MERCANTILE TRUST CO.
Docket number
No. 297
Court
Circuit Court of Appeals, Seventh Circuit
Trial court
Circuit Court of the United States for the Southern District of Illinois
Decided
Opinion type
published
Precedential status
precedential

Issues & holdings

1
Issues raised
1
dismissed
1
Holdings
Standard of review

Procedural default

Disposition rationale

Appeal dismissed due to appellant's failure to comply with procedural requirement of printing the record

Preservation

Issue not preserved

Holdings of the court

Appeal dismissal for procedural default
The appeal is dismissed due to appellant's failure to print the record
Appellant did not comply with procedural requirement to print the record, warranting dismissal
unanimousbinding precedent

Error analysis

  • Failure to print record — procedural · error foundProcedural default precludes review on merits · not applicable

Burden of proof

Prosecution burden
Not applicable (civil appeal)
Burden met
false

Standards of review

  • Failure to print record — plain error Procedural default leading to dismissal of appeal

Timeline

appeal eventcited in opinion

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

Failure to print record
Circuit Court of Appeals, Seventh Circuit · LOSS (appellant) · MERCANTILE TRUST CO. (appellee) appellate court

Facts & evidence

Procedural history

2 steps
  1. Appeal filed from Circuit Court of the United States for the Southern District of Illinois
  2. Appeal dismissed for failure to print record

Objects of relevance

Printed record (not produced)

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 appeal
Summarizes the sole reason for dismissal based on procedural default
Index terms33
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
Entities and documentation
Legal actions
Action type
dismissed
Target
appeal
Appealed from
Circuit Court of the United States for the Southern District of Illinois
Context
Appeal dismissed for failure to print record as required by procedural rules
Scope
full
Disposition vote
unanimous
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