Overview
Case summary
This is a per curiam opinion from the Circuit Court of Appeals, Fifth Circuit, dated November 24, 1896. The case involves an appeal from the Circuit Court of the United States for the Eastern District of Texas. At a prior term, the court heard the case and affirmed the judgment of the circuit court (75 Fed. 350). Before the mandate issued, leave was given to file a petition for rehearing by the first day of the current term. The petition was filed and considered, and the court now denies the rehearing. The judges on the panel were PARDEE and McOORMICK, Circuit Judges, and SPEER, District Judge.
Abstract
The appellate court previously affirmed the lower court's judgment in the case. Before the mandate issued, leave was granted to file a petition for rehearing, which was timely submitted and considered by the panel. The court denies the petition for rehearing.
Opinion of the court
opinionPER CURIAMjoined by PARDEE, McOORMICK, SPEER
- Prior affirmance of circuit court judgment
- Petition for rehearing filed and considered
- Rehearing denied
Jurisdiction
not challenged- Appeal from federal circuit court
Procedural posture
- Judgment of circuit court affirmed in prior decision
Subsequent history
Legal categories
Case record
Issues & holdings
Discretionary review
Petition considered and rehearing denied
Issue preserved for review
Holdings of the court
Standards of review
- Petition for rehearing — abuse of discretion Court's discretionary decision on rehearing petition
Timeline
Petition for rehearing filed and considered, rehearing denied
Outcome: Rehearing denied
Final disposition denying rehearing
Leave given to file petition for rehearing by first day of this term
Outcome: Leave granted
Procedural step allowing rehearing petition
Case heard at last term, judgment of circuit court affirmed
Outcome: Judgment affirmed
Initial appellate decision
Facts & evidence
Procedural history
4 steps- Case heard at last term, judgment affirmed
- Leave given to file petition for rehearing before mandate issued
- Petition filed and considered
- Rehearing denied
Objects of relevance
Authorities
Cited authorities (1)
Statutes
- Federal appellate jurisdiction statutes
Standards & doctrines
- Discretionary review standard for rehearing
Legal principles applied
- Court's discretion in granting rehearing