Magna Charta Silver Mining & Tunnel Co. v. Hole

No. 822
Decided Circuit Court of Appeals, Eighth Circuit
Disposition
dismissed
full scope · Unknown
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Court
Circuit Court of the United States for the District of Colorado
Decided
Posture
Unknown
Appellant (1)
MAGNA CHARTA SILVER MINING & TUNNEL CO. et al.
v.
Appellee (1)
HOLE
E. Sowers

Overview

The appeal is dismissed with costs pursuant to the sixteenth rule on motion of appellee.

Case summary

This is a brief appellate decision from the Circuit Court of Appeals, Eighth Circuit, dated June 29, 1896. The case involves an appeal by MAGNA CHARTA SILVER MINING & TUNNEL CO. et al. (appellant) against HOLE (appellee) from the Circuit Court of the United States for the District of Colorado. The appellate court dismissed the appeal with costs pursuant to the sixteenth rule on motion of the appellee, without providing an opinion. The decision is non-precedential and focuses solely on procedural compliance, with no factual background or legal issues discussed.

Abstract

The appellate court dismissed the appeal with costs on the appellee's motion pursuant to the sixteenth rule. The decision is non-precedential and addresses only procedural compliance. No factual background or legal issues were discussed.

Opinion of the court

Majority
opinion
  • Appeal dismissed with costs
  • Dismissal based on procedural rule (sixteenth rule)
  • No opinion provided

Jurisdiction

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

Procedural posture

Posture at trial
Unknown
Posture on appeal
Direct appeal
Forfeited issues
  • Appeal dismissed for failure to comply with procedural rules

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
MAGNA CHARTA SILVER MINING & TUNNEL CO. et al. v. HOLE.
Docket number
No. 822
Court
Circuit Court of Appeals, Eighth Circuit
Trial court
Circuit Court of the United States for the District of Colorado
Decided
Opinion type
unpublished
Precedential status
non-precedential

Issues & holdings

1
Issues raised
1
dismissed
1
Holdings
Standard of review

Procedural compliance

Disposition rationale

Appeal dismissed with costs pursuant to the sixteenth rule on motion of appellee

Preservation

Issue not preserved

Holdings of the court

Procedural compliance with appellate rules
The appeal is dismissed with costs pursuant to the sixteenth rule on motion of appellee
No opinion provided; dismissal based on procedural rule violation
Unknownnon-binding

Error analysis

  • Failure to comply with procedural rules (sixteenth rule) — procedural · error foundNot applicable as error led to dismissal · not applicable

Standards of review

  • Procedural compliance with appellate rules — plain error Appeal dismissed for failure to comply with the sixteenth rule, indicating a procedural default

Timeline

appeal eventcited in opinion

Circuit Court of Appeals, Eighth Circuit dismisses appeal with costs pursuant to the sixteenth rule on motion of appellee

Outcome: Appeal dismissed with costs

Final disposition of the appeal due to procedural default

Procedural compliance with appellate rules
Circuit Court of Appeals, Eighth Circuit · Appellee (HOLE) · Appellant (MAGNA CHARTA SILVER MINING & TUNNEL CO. et al.) appellate court

Facts & evidence

Key facts

1 facts
  1. No factual background provided in the opinion

Procedural history

1 steps
  1. Appeal docketed and dismissed with costs pursuant to the sixteenth rule on motion of appellee

Objects of relevance

Mining and tunnel equipment (implied from company name)

Authorities

Statutes

  • Sixteenth rule of appellate procedure

Standards & doctrines

  • Procedural default doctrine

Legal principles applied

  • Appeals may be dismissed for failure to follow procedural rules
Index terms41
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 Colorado
Context
Appeal dismissed with costs pursuant to the sixteenth rule on motion of appellee
Scope
full
Disposition vote
Unknown
Physical materials
Search facets
Parties
Courts
Locations
Statutes cited