Excelsior Pebble Phosphate Co. v. Brown

No. 169
Decided Circuit Court of Appeals, Fourth Circuit
Disposition
dismissed
full scope · unanimous
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Court
Circuit Court of the United States for the District of West Virginia
Decided
Posture
Unknown
Appellants (1)
EXCELSIOR PEBBLE PHOSPHATE CO. et al.
W. E. Chilton
v.
Appellees (1)
BROWN et al.
J. S. Sanderson

Overview

The appeal is dismissed pursuant to the twenty-third rule for failure to file printed records.

Case summary

This is a brief appellate decision from 1896 where the Circuit Court of Appeals for the Fourth Circuit dismissed an appeal from the Circuit Court of the United States for the District of West Virginia. The appellants, Excelsior Pebble Phosphate Co. et al., failed to file printed records as required by the court's twenty-third rule. The court dismissed the cause pursuant to this rule without issuing a substantive opinion. The case illustrates procedural dismissal for non-compliance with appellate filing requirements.

Abstract

The appellate court dismissed the appeal due to the appellants' failure to file printed records as required by the court's rule. No substantive opinion was issued, illustrating dismissal for non-compliance with appellate filing requirements. The decision enforces procedural rules governing appeals.

Opinion of the court

Majority
opinion
  • Appeal dismissed for procedural non-compliance
  • No substantive opinion issued

Jurisdiction

not challenged
Jurisdictional facts
  • Appeal from the Circuit Court of the United States for the District of West Virginia

Procedural posture

Posture at trial
Unknown
Posture on appeal
Direct appeal
Forfeited issues
  • Failure to file printed records

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
EXCELSIOR PEBBLE PHOSPHATE CO. et al. v. BROWN et al.
Docket number
No. 169
Court
Circuit Court of Appeals, Fourth Circuit
Trial court
Circuit Court of the United States for the District of West Virginia
Decided
Opinion type
unpublished
Precedential status
non-precedential

Issues & holdings

1
Issues raised
1
dismissed
1
Holdings
Standard of review

Procedural compliance

Disposition rationale

Appellants failed to comply with twenty-third rule requiring filing of printed records

Preservation

Issue not preserved

Holdings of the court

Appeal dismissal for procedural non-compliance
Appeal is dismissed due to appellants' failure to file printed records as required by the twenty-third rule
The court enforced its procedural rules requiring timely filing of printed records for appellate review
unanimousnon-binding

Error analysis

  • Failure to file printed records as required by appellate rules — procedural · error foundNot applicable as error led to dismissal · not applicable

Burden of proof

Prosecution burden
Not applicable (civil appeal)
Burden met
false

Standards of review

  • Procedural compliance with appellate filing requirements — plain error Court applied procedural rules mandating dismissal for failure to file required records

Timeline

appeal eventcited in opinion

Circuit Court of Appeals dismisses appeal for failure to file printed records pursuant to twenty-third rule

Outcome: Appeal dismissed

Procedural default leading to dismissal of appeal

Procedural compliance with appellate rules
Circuit Court of Appeals, Fourth Circuit appellate court

Facts & evidence

Key facts

1 facts
  1. Appellants failed to file printed records as required by court rules

Objects of relevance

Printed records (required appellate filing not submitted)

Policy considerations

  • Importance of procedural compliance in appellate practice
  • Judicial efficiency through enforcement of filing rules

Authorities

Statutes

  • Twenty-third rule of the Circuit Court of Appeals (procedural rule)

Standards & doctrines

  • Procedural compliance doctrine in appellate courts

Legal principles applied

  • Appellate courts may dismiss appeals for procedural non-compliance without reaching merits

Notable quotes

“Cause dismissed, pursuant to twenty-third rule, for failure to file printed records.”
majority — Court's disposition of the appeal
Illustrates strict enforcement of procedural filing requirements in appellate courts
Index terms36
Summary terms
Legal mechanisms
Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal evidence
Legal arguments
Legal defenses
Legal penalties
Legal procedural steps
Geo locations
Judges
Attorneys
Procedural terms
Substantive offenses
Entities and documentation
Legal actions
Action type
dismissed
Target
Appeal from Circuit Court of the United States for the District of West Virginia
Appealed from
Circuit Court of the United States for the District of West Virginia
Context
Court dismissed the appeal pursuant to twenty-third rule for appellants' failure to file printed records
Scope
full
Disposition vote
unanimous
Physical materials
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Parties
Courts
Statutes cited