Overview
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
opinion
- Petition denied without opinion
Jurisdiction
not challenged- Petition filed in Circuit Court of Appeals, Eighth Circuit
Procedural posture
- Request for writ of mandamus or allowance of writ of error and supersedeas
Subsequent history
Legal categories
Case record
Issues & holdings
de novo
Petition denied without opinion
Issue preserved for review
Holdings of the court
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
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
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
Facts & evidence
Key facts
1 facts- 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- 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