Overview
Case summary
Plaintiffs in error (Kingman et al.) appealed from the Circuit Court of the United States for the District of Nebraska to the Circuit Court of Appeals, Eighth Circuit. The appellate court dismissed the appeal for want of jurisdiction on motion of the defendant in error (Western Manufacturing Co.), with costs. A rehearing was denied on September 21, 1896. The case involved a jurisdictional challenge resulting in dismissal without reaching substantive issues.
Abstract
Plaintiffs appealed a circuit court decision to the circuit court of appeals, where the defendant moved to dismiss for lack of jurisdiction. The appellate court granted the motion and dismissed the appeal without addressing substantive issues, taxing costs to plaintiffs. A rehearing was denied.
Opinion of the court
opinion
- Appeal dismissed for lack of jurisdiction
- Costs awarded to defendant in error
Jurisdiction
challengedProcedural posture
- Jurisdiction
Subsequent history
Legal categories
Case record
Issues & holdings
de novo
Court found no jurisdiction, dismissing appeal on motion of defendant in error
Issue preserved for review
Holdings of the court
Error analysis
- Lack of jurisdiction in Circuit Court of Appeals — procedural · error foundnot applicable
Standards of review
- Jurisdiction — de novo Jurisdictional issues reviewed de novo
Timeline
Circuit Court of Appeals dismisses appeal for want of jurisdiction on motion of defendant in error
Outcome: Dismissed with costs
Appeal terminated due to lack of jurisdiction
Rehearing denied
Outcome: Rehearing denied
Final disposition of appeal
Facts & evidence
Procedural history
1 steps- Error brought to Circuit Court of Appeals from Circuit Court of the United States for the District of Nebraska
Sentencing
Authorities
Standards & doctrines
- Jurisdictional review de novo
Legal principles applied
- Courts must have jurisdiction to hear appeals
Notable quotes
“Dismissed, with costs, for want of jurisdiction, on motion of defendant in error.”majority — Court's disposition of the appealSummarizes the jurisdictional dismissal and award of costs