Hamlin v. Continental Trust Co. of New York

No. 430
Decided Circuit Court of Appeals, Sixth Circuit
Disposition
denied
full scope · unanimous
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Court
Circuit Court of the United States for the Western Division of the Northern District of Ohio
Decided
Posture
Judgment from Circuit Court
Appellant (1)
Hamlin
Benjamin Harrison, John H. Doyle
v.
Appellee (1)
Continental Trust Co. of City of New York
Willard Parker Butler

Overview

The Circuit Court of Appeals denied both motions without reaching the merits of the appeal.

Case summary

This is an appeal from the Circuit Court of the United States for the Western Division of the Northern District of Ohio to the Circuit Court of Appeals, Sixth Circuit. The appellate court issued a brief order on July 7, 1896, denying appellants' motion to advance the cause and appellees' motion to dismiss the appeal and for a writ of certiorari for diminution of the record. No opinion was written, and the court did not address the substantive merits of the underlying case. The case involves Hamlin as appellant and Continental Trust Co. of City of New York as appellee.

Abstract

This is an appeal from a district court to a circuit court of appeals. The appellate court issued a brief order denying the appellants' motion to advance the cause and the appellees' motion to dismiss the appeal and for a writ of certiorari for diminution of the record. The court did not address the substantive merits of the underlying case.

Opinion of the court

Majority
opinion
  • No opinion written
  • Motions to advance cause and dismiss appeal denied

Jurisdiction

not challenged
Subject matter
Appeal from Circuit Court of the United States for the Western Division of the Northern District of Ohio
Jurisdictional facts
  • Appeal taken to Circuit Court of Appeals, Sixth Circuit

Procedural posture

Posture at trial
Judgment from Circuit Court
Posture on appeal
Direct appeal

Legal categories

Business

Case record

Full case name
HAMLIN v. CONTINENTAL TRUST CO. OF CITY OF NEW YORK
Docket number
No. 430
Court
Circuit Court of Appeals, Sixth Circuit
Trial court
Circuit Court of the United States for the Western Division of the Northern District of Ohio
Decided
Opinion type
unpublished
Precedential status
non-precedential

Issues & holdings

2
Issues raised
2
affirmed
2
Holdings
Standard of review

Abuse of discretion

Disposition rationale

Motion denied by court

Preservation

Issue preserved for review

Standard of review

Abuse of discretion

Disposition rationale

Motion denied by court

Preservation

Issue preserved for review

Holdings of the court

Appellants' motion to advance the cause
Motion denied
Court exercises discretion to deny motion without reaching merits
unanimousnon-binding
Appellees' motion to dismiss the appeal and for a writ of certiorari for diminution of the record
Motion denied
Court exercises discretion to deny motion without reaching merits
unanimousnon-binding

Standards of review

  • Motions to advance cause and dismiss appeal — abuse of discretion Court reviews procedural motions for abuse of discretion

Timeline

appeal eventcited in opinion

Circuit Court of Appeals denies appellants' motion to advance the cause and appellees' motion to dismiss the appeal and for a writ of certiorari for diminution of the record

Outcome: Motions denied

Court disposes of procedural motions without reaching merits of appeal

Procedural motions
Circuit Court of Appeals, Sixth Circuit · appellants · appellees appellate court

Facts & evidence

Key facts

1 facts
  1. No factual details provided in opinion text

Procedural history

1 steps
  1. Appeal from Circuit Court of the United States for the Western Division of the Northern District of Ohio

Authorities

Cited authorities (2)

72 Fed. 92
citedprior appeal
Cited in head matter as related case
24 C. C. A. 271, 78 Fed. 664
citedprior appeal
Cited in head matter as related case

Related cases (2)

72 Fed. 92
prior appeal
Not specified
24 C. C. A. 271, 78 Fed. 664
prior appeal
Not specified

Standards & doctrines

  • Abuse of discretion standard for procedural motions

Legal principles applied

  • Appellate courts have discretion over procedural motions
  • Motions may be denied without reaching substantive issues
Index terms72
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Procedural terms
Entities and documentation
Legal actions
Action type
denied
Target
Appellants' motion to advance the cause
Appealed from
Circuit Court of Appeals
Context
Court denies appellants' motion to advance the cause without reaching merits
Scope
full
Disposition vote
unanimous
Action type
denied
Target
Appellees' motion to dismiss the appeal and for a writ of certiorari for diminution of the record
Appealed from
Circuit Court of Appeals
Context
Court denies appellees' motion to dismiss the appeal and for a writ of certiorari for diminution of the record without reaching merits
Scope
full
Disposition vote
unanimous
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