Kinney v. Cunningham

No. 798
Decided Circuit Court of Appeals, Eighth Circuit
Disposition
dismissed
full scope · unanimous
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Court
Circuit Court of the United States for the District of Nebraska
Decided
Posture
Judgment from Circuit Court of the United States for the District of Nebraska
Appellants (1)
KINNEY et al.
Carroll S. Montgomery, Matthew A. Hall
v.
Appellees (1)
CUNNINGHAM et al.
D. W. Morrow

Overview

Appeal dismissed, at costs of appellants, without attorney fee in the court of appeals or the circuit court, pursuant to stipulation of the parties.

Case summary

This case involves an appeal by Kinney et al. against Cunningham et al. from the Circuit Court of the United States for the District of Nebraska to the Circuit Court of Appeals, Eighth Circuit. The appeal was dismissed on December 18, 1896, pursuant to a stipulation by the parties, with costs assessed against the appellants and no attorney fees awarded in either the appellate or circuit court.

Abstract

The case is an appeal dismissed pursuant to a stipulation by the parties. Costs were assessed against the appellants, with no attorney fees awarded in either the appellate or circuit court.

Opinion of the court

Majority
opinion
  • Appeal dismissed based on party stipulation
  • Costs assessed against appellants
  • No attorney fees awarded

Jurisdiction

not challenged
Subject matter
Appellate jurisdiction from federal circuit court
Jurisdictional facts
  • Appeal from the Circuit Court of the United States for the District of Nebraska

Procedural posture

Posture at trial
Judgment from Circuit Court of the United States for the District of Nebraska
Posture on appeal
Direct appeal

Legal categories

Business

Case record

Full case name
KINNEY et al. v. CUNNINGHAM et al.
Docket number
No. 798
Court
Circuit Court of Appeals, Eighth Circuit
Trial court
Circuit Court of the United States for the District of Nebraska
Decided
Opinion type
published
Precedential status
precedential

Issues & holdings

No issues recorded for this case.

Timeline

appeal eventcited in opinion

Circuit Court of Appeals, Eighth Circuit dismisses appeal pursuant to stipulation of the parties

Outcome: Appeal dismissed

Final disposition of the appeal based on party agreement

Circuit Court of Appeals, Eighth Circuit · KINNEY et al. · CUNNINGHAM et al. appellate court

Facts & evidence

Procedural history

2 steps
  1. Appeal filed from Circuit Court of the United States for the District of Nebraska
  2. Parties stipulated to dismissal

Authorities

Legal principles applied

  • Parties may stipulate to dismiss appeals
  • Courts may enforce stipulations and allocate costs
Index terms43
Summary terms
Legal mechanisms
Various actions
Various actors
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Legal remedies
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Attorneys
Procedural terms
Legal actions
Action type
dismissed
Target
Appeal from the Circuit Court of the United States for the District of Nebraska
Appealed from
Circuit Court of the United States for the District of Nebraska
Context
Appeal dismissed, at costs of appellants, without attorney fee in the court of appeals or the circuit court, pursuant to stipulation of the parties.
Scope
full
Disposition vote
unanimous
Search facets
Parties
Courts
Statutes cited