Overview
Case summary
This case involves an application by the appellant, Jones, to the Circuit Court of Appeals, First Circuit, for allowance of an appeal to the Supreme Court from a decree entered on October 23, 1896. The court, through Circuit Judge Putnam, denied the application, thereby refusing permission to appeal to the Supreme Court. The underlying decree is cited as 33 U. S. App. 703, 22 C. C. A. 483, 76 Fed. 683. The appellant was represented by Francis A. Brooks. The case is a procedural ruling on appellate jurisdiction and discretion.
Abstract
The appellant applied to the Circuit Court of Appeals for permission to appeal a decree to the Supreme Court, which the court denied through a procedural ruling. The decision exercised the court's discretion in refusing the application. This resulted in no appeal proceeding to the Supreme Court.
Opinion of the court
opinionPUTNAM, Circuit Judge
- Application for allowance of appeal to Supreme Court denied
- Court exercised discretion in denying appeal
Jurisdiction
not challenged- Appeal from decree entered on October 23, 1896
Procedural posture
- Application for allowance of appeal to the Supreme Court
Subsequent history
Legal categories
Case record
Issues & holdings
discretionary
Application denied by the Circuit Court of Appeals
Issue preserved for review
Holdings of the court
Error analysis
- Denial of application for allowance of appeal to Supreme Court — procedural · no error foundNot applicable as no error found · not applicable
Burden of proof
Standards of review
- Allowance of appeal to Supreme Court — abuse of discretion Court exercises discretion in deciding whether to allow appeal to Supreme Court
Timeline
Decree entered in the Circuit Court of Appeals, First Circuit (cited as 33 U. S. App. 703, 22 C. C. A. 483, 76 Fed. 683)
Outcome: Decree entered
Underlying decree from which appeal to Supreme Court is sought
Application by appellant for allowance of an appeal to the Supreme Court from the October 23, 1896 decree
Outcome: Application denied
Court denies permission to appeal to Supreme Court, ending appellate process
Facts & evidence
Key facts
1 facts- Appellant applied for allowance of an appeal to the Supreme Court from a decree entered on October 23, 1896
Procedural history
2 steps- Decree entered on October 23, 1896 (33 U. S. App. 703, 22 C. C. A. 483, 76 Fed. 683)
- Application for allowance of appeal to Supreme Court denied
Authorities
Cited authorities (1)
Standards & doctrines
- Discretionary standard for allowing appeals
Legal principles applied
- Courts have discretion in allowing appeals to higher courts
Notable quotes
“An application by the appellant for the allowance of an appeal to the supreme court from the decree entered on October 23, 1896 (33 U. S. App. 703, 22 C. C. A. 483, 76 Fed. 683), was denied.”PUTNAM, Circuit Judge — Court's ruling on the application for appeal to Supreme CourtSummarizes the court's disposition denying the appeal