Sparks v. National Masonic Acc. Ass'n

No. 7, original
Decided Circuit Court of Appeals, Eighth Circuit
Disposition
denied
full scope · unanimous
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Court
Circuit Court of the United States for the Southern District of Iowa
Decided
Posture
Petition for writ of mandamus to compel allowance of writ of error and supersedeas
Petitioners (2)
Citizens' National Bank of Des Moines, Iowa
Clark Varnum
v.
Respondents (2)
National Masonic Accident Association of Des Moines, Iowa

Overview

The petition for a writ of mandamus or allowance of a writ of error and supersedeas is denied.

Case summary

This case involves a petition filed by Citizens' National Bank of Des Moines, Iowa, in the Circuit Court of Appeals for the Eighth Circuit, seeking either a writ of mandamus to compel the Circuit Court of the United States for the Southern District of Iowa to allow a writ of error and supersedeas, or for the Circuit Court of Appeals to directly allow such writ. The petition was denied without an opinion on December 8, 1896, with Clark Varnum representing the petitioner. The case is an original proceeding in the appellate court, and the denial constitutes the final disposition.

Abstract

A bank filed a petition in the appellate court seeking a writ of mandamus to compel the district court to allow a writ of error and supersedeas, or for the appellate court to grant it directly. The petition was an original proceeding in the appellate court. The petition was denied without opinion, constituting the final disposition.

Opinion of the court

Majority
opinion
  • Petition denied without opinion

Jurisdiction

not challenged
Jurisdictional facts
  • Petition filed in Circuit Court of Appeals, Eighth Circuit

Procedural posture

Posture at trial
Petition for writ of mandamus to compel allowance of writ of error and supersedeas
Posture on appeal
Original proceeding in circuit court of appeals
Preserved issues
  • Request for writ of mandamus or allowance of writ of error and supersedeas

Subsequent history

Petition for rehearing
not filed
Rehearing en banc
not filed
Petition for certiorari
not filed

Legal categories

Business

Case record

Full case name
Ex Parte Citizens' Nat. Bank of Des Moines, Iowa. Sparks v. National Masonic Acc. Ass'n of Des Moines, Iowa.
Docket number
No. 7, original
Court
Circuit Court of Appeals, Eighth Circuit
Trial court
Circuit Court of the United States for the Southern District of Iowa
Decided
Opinion type
unpublished
Precedential status
non-precedential

Issues & holdings

1
Issues raised
1
affirmed
1
Holdings
Standard of review

de novo

Disposition rationale

Petition denied without opinion

Preservation

Issue preserved for review

Holdings of the court

Petition for writ of mandamus or allowance of writ of error and supersedeas
Petition denied
No opinion provided; petition denied summarily
unanimousnon-binding

Error analysis

  • Failure to grant writ of mandamus or allow writ of error and supersedeas — procedural · no error foundNot applicable as no error found · not applicable

Burden of proof

Prosecution burden
Petitioner bears burden to show entitlement to writ
Burden met
false

Standards of review

  • Request for writ of mandamus or allowance of writ of error and supersedeas — de novo Original proceeding in appellate court reviewed de novo

Timeline

appeal eventcited in opinion

Circuit Court of Appeals denies petition for writ of mandamus or allowance of writ of error and supersedeas

Outcome: Denied

Final disposition of the petition

Request for writ of mandamus or allowance of writ of error and supersedeas
Circuit Court of Appeals, Eighth Circuit appellate court

Facts & evidence

Key facts

1 facts
  1. Petition filed in alternative for writ of mandamus to compel allowance of writ of error and supersedeas by circuit court or for allowance by circuit court of appeals

Procedural history

1 steps
  1. Petition filed in Circuit Court of Appeals, Eighth Circuit

Authorities

Standards & doctrines

  • De novo review for original proceedings

Legal principles applied

  • Appellate court discretion in granting writs
Index terms33
Summary terms
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Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal arguments
Legal procedural steps
Geo locations
Attorneys
Procedural terms
Entities and documentation
Legal actions
Action type
denied
Target
Petition for writ of mandamus or allowance of writ of error and supersedeas
Appealed from
Circuit Court of the United States for the Southern District of Iowa
Context
Circuit Court of Appeals denied the petition without opinion
Scope
full
Disposition vote
unanimous
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