Sonnentheil v. Christian Moerlein Brewing Co.

No. 472
Decided Circuit Court of Appeals, Fifth Circuit
Disposition
affirmed
full scope
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Court
Circuit Court of the United States for the Eastern District of Texas
Decided
Judge
PER CURIAM
Posture
Judgment entered in circuit court
Plaintiff in error/appellant (1)
SONNENTHEIL
v.
Defendants in error/appellees (1)
CHRISTIAN MOERLEIN BREWING CO. et al.

Overview

The rehearing prayed for is denied.

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

Majority
opinion
PER CURIAMjoined by PARDEE, McOORMICK, SPEER
  • Prior affirmance of circuit court judgment
  • Petition for rehearing filed and considered
  • Rehearing denied

Jurisdiction

not challenged
Subject matter
Error to the Circuit Court of the United States for the Eastern District of Texas
Jurisdictional facts
  • Appeal from federal circuit court

Procedural posture

Posture at trial
Judgment entered in circuit court
Posture on appeal
Direct appeal on writ of error
Preserved issues
  • Judgment of circuit court affirmed in prior decision

Subsequent history

Petition for rehearing
filed and denied
Mandate issued
After 1896-11-24 (implied)

Legal categories

Business

Case record

Full case name
SONNENTHEIL v. CHRISTIAN MOERLEIN BREWING CO. et al.
Docket number
No. 472
Court
Circuit Court of Appeals, Fifth Circuit
Trial court
Circuit Court of the United States for the Eastern District of Texas
Decided
Opinion author
PER CURIAM
Opinion type
per curiam
Precedential status
precedential
Judges on panel
PARDEEMcOORMICKSPEER

Issues & holdings

1
Issues raised
1
affirmed
1
Holdings
Standard of review

Discretionary review

Disposition rationale

Petition considered and rehearing denied

Preservation

Issue preserved for review

Holdings of the court

Rehearing petition
Rehearing denied
Petition filed and considered, no grounds found to grant rehearing
unanimousbinding precedent

Standards of review

  • Petition for rehearing — abuse of discretion Court's discretionary decision on rehearing petition

Timeline

3
Events
0
Days, incident to ruling
— Prior to 1896-11-24
Span
appeal eventcited in opinion

Petition for rehearing filed and considered, rehearing denied

Outcome: Rehearing denied

Final disposition denying rehearing

Denial of rehearing
Circuit Court of Appeals appellate court
Before mandate issuedprocedural eventcited in opinion

Leave given to file petition for rehearing by first day of this term

Outcome: Leave granted

Procedural step allowing rehearing petition

Rehearing petition process
Circuit Court of Appeals appellate court
Prior to 1896-11-24trial eventcited in opinion

Case heard at last term, judgment of circuit court affirmed

Outcome: Judgment affirmed

Initial appellate decision

Affirmance of circuit court judgment
Circuit Court of the United States for the Eastern District of Texas trial court

Facts & evidence

Procedural history

4 steps
  1. Case heard at last term, judgment affirmed
  2. Leave given to file petition for rehearing before mandate issued
  3. Petition filed and considered
  4. Rehearing denied

Objects of relevance

Court records and mandate

Authorities

Cited authorities (1)

75 Fed. 350
followedprecedent
Prior decision affirming circuit court judgment

Statutes

  • Federal appellate jurisdiction statutes

Standards & doctrines

  • Discretionary review standard for rehearing

Legal principles applied

  • Court's discretion in granting rehearing
Index terms38
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Judges
Procedural terms
Entities and documentation
Legal actions
Action type
affirmed
Target
Judgment of circuit court
Appealed from
Circuit Court of the United States for the Eastern District of Texas
Context
Prior decision at last term affirmed circuit court judgment
Scope
full
Action type
denied
Target
Petition for rehearing
Appealed from
Circuit Court of Appeals
Context
Rehearing prayed for denied after petition filed and considered
Scope
full
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McoormickPardeeSpeer
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