Overview
Case summary
The Interstate Commerce Commission appealed a decision from the Circuit Court of the United States for the Southern District of California to the Circuit Court of Appeals, Ninth Circuit. The appeal was dismissed on June 1, 1896, on motion of the appellant's attorney, Henry S. Foote, the United States attorney. No substantive opinion was issued, and the case was terminated without reaching the merits of the underlying dispute involving the Atchison, Topeka & Santa Fe Railway Company.
Abstract
The Interstate Commerce Commission appealed a lower court decision involving a railway company, but the appeal was dismissed on motion of the appellant's attorney without reaching the merits or issuing a substantive opinion. The case was terminated voluntarily by the government's representative. A prior related federal decision was referenced.
Opinion of the court
opinion
- Appeal dismissed on motion of appellant's attorney
- No substantive opinion issued
Jurisdiction
not challenged- Appeal from the Circuit Court of the United States for the Southern District of California
Procedural posture
Legal categories
Case record
Issues & holdings
Procedural discretion
Appellant's attorney moved for dismissal
Issue preserved for review
Holdings of the court
Standards of review
- Dismissal of appeal — abuse of discretion Court exercised discretion to grant appellant's motion to dismiss
Timeline
Circuit Court of Appeals, Ninth Circuit dismisses appeal on motion of Henry S. Foote, United States attorney, for appellant
Outcome: Appeal dismissed
Case terminated without substantive ruling on merits
Facts & evidence
Procedural history
2 steps- Appeal filed in Circuit Court of Appeals, Ninth Circuit
- Dismissed on motion of appellant's attorney
Authorities
Cited authorities (1)
Related cases (1)
Statutes
- Interstate Commerce Act (implied jurisdictional basis)
Standards & doctrines
- Discretionary dismissal on attorney motion
Legal principles applied
- Attorney authority to move for dismissal of client's appeal
- Court discretion to grant procedural motions