Jones v. Merchants' Nat. Bank of Boston

No. 181
Decided Circuit Court of Appeals, First Circuit
Disposition
denied
full scope · unanimous
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Court
Circuit Court of Appeals, First Circuit
Decided
Judge
PUTNAM, Circuit Judge
Posture
Decree entered on October 23, 1896
Appellant (1)
JONES
Francis A. Brooks, for appellant
v.
Appellee (1)
MERCHANTS’ NAT. BANK OF BOSTON

Overview

The application for allowance of an appeal to the Supreme Court from the decree entered on October 23, 1896, was denied by the Circuit Court of Appeals, First Circuit.

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

Majority
opinion
PUTNAM, Circuit Judge
  • Application for allowance of appeal to Supreme Court denied
  • Court exercised discretion in denying appeal

Jurisdiction

not challenged
Jurisdictional facts
  • Appeal from decree entered on October 23, 1896

Procedural posture

Posture at trial
Decree entered on October 23, 1896
Posture on appeal
Application for allowance of appeal to the Supreme Court
Preserved issues
  • Application for allowance of appeal to the Supreme Court

Subsequent history

Petition for rehearing
not filed
Petition for certiorari
not filed

Legal categories

Business

Case record

Full case name
JONES v. MERCHANTS’ NAT. BANK OF BOSTON
Docket number
No. 181
Court
Circuit Court of Appeals, First Circuit
Trial court
Circuit Court of Appeals, First Circuit
Decided
Opinion author
PUTNAM, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
PUTNAM, Circuit Judge

Issues & holdings

1
Issues raised
1
affirmed
1
Holdings
Standard of review

discretionary

Disposition rationale

Application denied by the Circuit Court of Appeals

Preservation

Issue preserved for review

Holdings of the court

Application for allowance of appeal to Supreme Court
Application denied
Court exercised its discretion and denied the application for allowance of an appeal to the Supreme Court from the October 23, 1896 decree
unanimousbinding precedent

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

Prosecution burden
Not applicable in this procedural context
Burden met
false

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

2
Events
0
Days, incident to ruling
—
Span
procedural eventcited in opinion

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 for allowance of appeal to Supreme Court
Circuit Court of Appeals, First Circuit appellate court
appeal eventcited in opinion

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

Application for allowance of appeal to Supreme Court
Appellant JONES · Circuit Court of Appeals, First Circuit appellate court

Facts & evidence

Key facts

1 facts
  1. Appellant applied for allowance of an appeal to the Supreme Court from a decree entered on October 23, 1896

Procedural history

2 steps
  1. Decree entered on October 23, 1896 (33 U. S. App. 703, 22 C. C. A. 483, 76 Fed. 683)
  2. Application for allowance of appeal to Supreme Court denied

Authorities

Cited authorities (1)

33 U. S. App. 703, 22 C. C. A. 483, 76 Fed. 683
citedprecedent
Citation to the underlying decree from which appeal is sought

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 Court
Summarizes the court's disposition denying the appeal
Index terms40
Summary terms
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Legal concepts
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Legal issues
Legal procedures
Legal remedies
Legal evidence
Legal arguments
Legal defenses
Legal penalties
Legal procedural steps
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Judges
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Procedural terms
Substantive offenses
Entities and documentation
Legal actions
Action type
denied
Target
Application for allowance of appeal to Supreme Court
Appealed from
Circuit Court of Appeals, First Circuit
Context
Court denied the application for allowance of an appeal to the Supreme Court from the decree entered on October 23, 1896
Scope
full
Disposition vote
unanimous
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