Overview
Case summary
This is a brief appellate decision from the Ninth Circuit Court of Appeals in 1896. The case involved an appeal by Spaulding from a lower court decision, but the appellate court dismissed the appeal due to the appellant's failure to print the record as required by court rules. The dismissal was granted on motion of the appellee's attorney, J. P. Langhorne. No substantive legal issues were reached due to this procedural default.
Abstract
The appellate court dismissed the appeal due to the appellant's failure to print the record as required by court rules. The dismissal was granted on motion of the appellee's attorney. No substantive legal issues were addressed due to this procedural default.
Opinion of the court
opinion
- Appeal dismissed for procedural default
- Failure to print record under court rules
Jurisdiction
not challenged- Appeal from the Circuit Court of the United States for the Northern District of California
Procedural posture
- Failure to print record
Subsequent history
Legal categories
Case record
Issues & holdings
Procedural rule application
Dismissed pursuant to the twenty-third rule for failure to print record
Issue not preserved
Holdings of the court
Error analysis
- Failure to print record as required by court rules — procedural · error foundNot applicable - procedural default resulted in dismissal · not applicable
Burden of proof
Standards of review
- Dismissal for failure to print record — plain error Procedural default under court rules
Timeline
Circuit Court of Appeals, Ninth Circuit dismisses appeal pursuant to the twenty-third rule for failure to print record, on motion of J. P. Langhorne for appellee
Outcome: Appeal dismissed
Case terminated due to procedural default
Facts & evidence
Key facts
1 facts- Appeal dismissed for failure to print record
Procedural history
2 steps- Appeal filed from Circuit Court of the United States for the Northern District of California
- Dismissed by Circuit Court of Appeals, Ninth Circuit for failure to print record
Policy considerations
- Importance of compliance with appellate procedural rules
Authorities
Statutes
- Twenty-third rule of appellate procedure
Standards & doctrines
- Procedural default doctrine
Legal principles applied
- Appellate courts may dismiss appeals for failure to comply with procedural rules
Notable quotes
“Dismissed, pursuant to the twenty-third rule, for failure to print record, on motion of J. P. Langhorne, for appellee.”majority — Court's disposition of the appealDemonstrates procedural dismissal for non-compliance with court rules