H. W. Johns Mfg. Co. v. Robertson

No. 22
Decided Circuit Court of Appeals, Second Circuit
Disposition
dismissed
full scope · unanimous
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Court
Circuit Court of the United States for the Southern District of New York
Decided
Posture
Not specified in provided text
Appellant (1)
H. W. JOHNS MFG. CO.
Wetmore & Jenner
v.
Appellee (1)
Robertson
Gallagher & Richards

Overview

Appeal dismissed on consent, pursuant to the twentieth rule. See 64 Fed. 234.

Case summary

H. W. JOHNS MFG. CO. appealed a decision from the Circuit Court of the United States for the Southern District of New York to the Circuit Court of Appeals, Second Circuit. The appellate court dismissed the appeal on consent of the parties pursuant to the twentieth rule, as referenced in 64 Fed. 234. The case did not proceed to merits review due to the parties' agreement to dismiss.

Abstract

The appellant appealed a decision from the federal district court to the circuit court of appeals. The appellate court dismissed the appeal on consent of the parties pursuant to the twentieth rule. The case did not proceed to merits review due to the parties' agreement.

Opinion of the court

Majority
opinion
Not specified
  • Appeal dismissed on consent pursuant to the twentieth rule

Jurisdiction

not challenged
Jurisdictional facts
  • Appeal from the Circuit Court of the United States for the Southern District of New York

Procedural posture

Posture at trial
Not specified in provided text
Posture on appeal
Direct appeal

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
H. W. JOHNS MFG. CO. v. ROBERTSON
Docket number
No. 22
Court
Circuit Court of Appeals, Second Circuit
Trial court
Circuit Court of the United States for the Southern District of New York
Decided
Opinion type
published
Precedential status
precedential

Issues & holdings

1
Issues raised
1
dismissed
1
Holdings
Standard of review

Not applicable (dismissal on consent)

Disposition rationale

Dismissed on consent of parties pursuant to the twentieth rule

Preservation

Issue preserved for review

Holdings of the court

Disposition of appeal
Appeal dismissed on consent pursuant to the twentieth rule
Parties consented to dismissal under the twentieth rule
unanimousbinding precedent

Error analysis

  • None alleged — procedural · not applicableNot applicable · not applicable

Standards of review

  • Dismissal on consent — not applicable Case dismissed based on consent of parties, not on merits review

Timeline

appeal eventcited in opinion

Circuit Court of Appeals, Second Circuit dismisses the appeal on consent pursuant to the twentieth rule

Outcome: Appeal dismissed

Final disposition of the appeal based on consent of parties

Dismissal on consent
Circuit Court of Appeals, Second Circuit · H. W. JOHNS MFG. CO. · Robertson appellate court

Facts & evidence

Key facts

1 facts
  1. Case dismissed on consent pursuant to the twentieth rule

Procedural history

2 steps
  1. Appeal from Circuit Court of the United States for the Southern District of New York
  2. Dismissed on consent pursuant to the twentieth rule

Authorities

Cited authorities (1)

64 Fed. 234
followedprecedent
Referenced for the twentieth rule on dismissal on consent
at Not specified See 64 Fed. 234

Related cases (1)

64 Fed. 234
prior appeal
Referenced for the twentieth rule on dismissal on consent

Statutes

  • Twentieth rule (procedural rule for dismissal on consent)

Standards & doctrines

  • Twentieth rule for dismissal on consent

Legal principles applied

  • Parties may consent to dismissal of appeal under procedural rules

Notable quotes

“Dismissed on consent, pursuant to the twentieth rule.”
majority — Majority opinion stating the disposition
Summarizes the court's action based on parties' consent
Index terms28
Summary terms
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Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal arguments
Legal defenses
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Geo locations
Attorneys
Procedural terms
Entities and documentation
Legal actions
Action type
dismissed
Target
appeal
Appealed from
Circuit Court of the United States for the Southern District of New York
Citation
Not specified
Context
Circuit Court of Appeals, Second Circuit dismissed the appeal on consent pursuant to the twentieth rule
Scope
full
Further instructions
None
Disposition vote
unanimous
Search facets
Parties
Courts
Statutes cited