Kelley-Goodfellow Shoe Co. v. Scales

No. 640
Decided Circuit Court of Appeals, Eighth Circuit
Disposition
dismissed
full scope · unanimous
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Court
United States Court for the Northern District of Indian Territory
Decided
Plaintiffs in error (1)
KELLEY-GOODFELLOW SHOE CO. et al.
Harrison O. Shepard, Joseph M. Hill
v.
Defendants in error (1)
SCALES et al.
William T. Hutchings

Overview

The appeal was dismissed with costs pursuant to the twenty-second rule for want of prosecution.

Case summary

This case involved an appeal by the Kelley-Goodfellow Shoe Co. et al. (plaintiffs in error) against Scales et al. (defendants in error) from the United States Court for the Northern District of Indian Territory. The Circuit Court of Appeals for the Eighth Circuit dismissed the appeal with costs pursuant to the twenty-second rule due to want of prosecution, meaning the appellants failed to actively pursue their appeal. No substantive opinion was issued, and the case was resolved on procedural grounds without addressing the merits.

Abstract

The appellants failed to actively pursue their appeal from a district court, leading to dismissal by the Circuit Court of Appeals. The dismissal was ordered with costs under the twenty-second rule on procedural grounds. No substantive opinion was issued, and the merits of the case were not addressed.

Legal categories

Business

Case record

Full case name
KELLEY-GOODFELLOW SHOE CO. et al. v. SCALES et al.
Docket number
No. 640
Court
Circuit Court of Appeals, Eighth Circuit
Trial court
United States Court for the Northern District of Indian Territory
Decided

Issues & holdings

No issues recorded for this case.

Timeline

No timeline recorded.

Facts & evidence

No factual record available.

Authorities

Statutes

  • Twenty-second rule of Circuit Court of Appeals

Standards & doctrines

  • Procedural dismissal for want of prosecution

Legal principles applied

  • Appellate courts may dismiss appeals for want of prosecution under procedural rules
  • Costs awarded against party failing to prosecute
Index terms46
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Procedural terms
Legal actions
Action type
dismissed
Target
appeal
Appealed from
United States Court for the Northern District of Indian Territory
Context
The Circuit Court of Appeals dismissed the appeal with costs pursuant to the twenty-second rule for want of prosecution, meaning the plaintiffs in error failed to actively pursue their appeal.
Scope
full
Disposition vote
unanimous
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