The Philadelphia

No. 155
Decided Circuit Court of Appeals, First Circuit
Disposition
affirmed
full scope · unanimous
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Court
District Court of the United States for the District of Massachusetts
Decided
Posture
Decree entered in trial court
Defendant (1)
THE PHILADELPHIA
Eugene P. Carver, Edward E. Blodgett
v.
Plaintiff (1)
James Baker
Frederic Dodge, Edward S. Dodge

Overview

Affirmed, on agreement that the same decree be entered as in The Philadelphia, 21 C. C. A. 501, 75 Fed. 684.

Case summary

This is an appeal from the District Court of the United States for the District of Massachusetts. The Circuit Court of Appeals, First Circuit, affirmed the District Court's decree on December 8, 1896, based on an agreement between the parties to enter the same decree as in a prior case, The Philadelphia, 21 C. C. A. 501, 75 Fed. 684. The appellant is THE PHILADELPHIA, represented by Eugene P. Carver and Edward E. Blodgett, and the appellee is James Baker, represented by Frederic Dodge and Edward S. Dodge. No opinion was issued, and the case was resolved per the agreement.

Abstract

This appeal from district court was affirmed by the circuit court of appeals based on an agreement between the parties to enter the same decree as in a prior case involving a vessel. No opinion was issued, and the resolution followed the stipulated terms. The outcome upheld the lower court's decree per the parties' consent.

Opinion of the court

Majority
opinion
  • Affirmed based on agreement to follow prior decree

Jurisdiction

not challenged
Jurisdictional facts
  • Appeal from the District Court of the United States for the District of Massachusetts

Procedural posture

Posture at trial
Decree entered in trial court
Posture on appeal
Direct appeal
Preserved issues
  • Agreement to enter same decree as in prior case The Philadelphia, 21 C. C. A. 501, 75 Fed. 684

Legal categories

Business

Case record

Full case name
THE PHILADELPHIA
Docket number
No. 155
Court
Circuit Court of Appeals, First Circuit
Trial court
District Court of the United States for the District of Massachusetts
Decided
Opinion type
unpublished
Precedential status
non-precedential

Issues & holdings

1
Issues raised
1
affirmed
1
Holdings
Standard of review

de novo

Disposition rationale

Affirmed on agreement of parties

Preservation

Issue preserved for review

Holdings of the court

Disposition of appeal
Affirmed, on agreement that the same decree be entered as in The Philadelphia, 21 C. C. A. 501, 75 Fed. 684
Based on agreement of parties to follow prior decree
unanimousnon-binding

Standards of review

  • Affirmance based on agreement — de novo Court reviews agreement to enter same decree as in prior case

Timeline

appeal eventcited in opinion

Circuit Court of Appeals affirms the District Court's decree based on agreement to enter same decree as in prior case The Philadelphia, 21 C. C. A. 501, 75 Fed. 684

Outcome: Affirmed

Disposition of appeal based on agreement referencing prior case

Agreement to follow prior decree
Circuit Court of Appeals, First Circuit appellate court

Facts & evidence

Procedural history

2 steps
  1. Appeal from District Court of the United States for the District of Massachusetts
  2. Affirmed on agreement to enter same decree as in prior case The Philadelphia, 21 C. C. A. 501, 75 Fed. 684

Authorities

Cited authorities (1)

The Philadelphia, 21 C. C. A. 501, 75 Fed. 684
followedprecedent
Prior case decree agreed to be entered in current case

Standards & doctrines

  • Agreement-based disposition

Legal principles applied

  • Parties may agree to follow prior court decrees
Index terms33
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Procedural terms
Entities and documentation
Legal actions
Action type
affirmed
Target
District Court decree
Appealed from
District Court of the United States for the District of Massachusetts
Context
Affirmed, on agreement that the same decree be entered as in The Philadelphia, 21 C. C. A. 501, 75 Fed. 684
Scope
full
Disposition vote
unanimous
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