Overview
Case summary
This is a brief appellate decision from the Eighth Circuit Court of Appeals in 1896. The appellant, Daniel, appealed from the Circuit Court for the District of Colorado. The appellate court dismissed the appeal with costs because the appellant failed to print the record as required by the court's twenty-third rule. The dismissal was granted on motion of counsel for the appellees, Brown et al. No substantive legal issues were reached due to this procedural default.
Abstract
The appellant appealed from a lower court decision but failed to print the record as required by the appellate court's rule. On motion of counsel for the appellees, the court dismissed the appeal with costs due to this procedural default. No substantive legal issues were addressed.
Opinion of the court
opinion
- Appeal dismissed for procedural default
- Failure to print the record under twenty-third rule
- Dismissal with costs granted on appellees' motion
Jurisdiction
not challenged- Appeal from the Circuit Court of the United States for the District of Colorado
Procedural posture
- Failure to print the record
Legal categories
Case record
Issues & holdings
Procedural rule compliance
Appellant failed to comply with the twenty-third rule requiring printing of the record
Issue not preserved
Holdings of the court
Error analysis
- Failure to print the record as required by court rules — procedural · error foundNot applicable as error led to dismissal · not applicable
Standards of review
- Compliance with procedural rules — plain error Failure to print the record is a procedural default warranting dismissal
Timeline
Circuit Court of Appeals dismisses appeal with costs pursuant to the twenty-third rule for failure to print the record, on motion of counsel for appellees
Outcome: Appeal dismissed with costs
Appeal dismissed due to procedural default by appellant
Facts & evidence
Key facts
1 facts- Appellant failed to print the record as required by court rules
Authorities
Statutes
- Twenty-third rule of the Circuit Court of Appeals
Standards & doctrines
- Procedural default doctrine in appellate courts
Legal principles applied
- Compliance with court procedural rules is mandatory for appeal