Kingman v. Western Manuf'g Co.

No. 763
Decided Circuit Court of Appeals, Eighth Circuit
Disposition
dismissed
full scope
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Court
Circuit Court of the United States for the District of Nebraska
Decided
Posture
Error from trial court
Plaintiffs in error (1)
KINGMAN et al.
James H. McIntosh
v.
Defendant in error (1)
WESTERN MANUF’G CO.
G. M. Lambertson, Walter J. Lamb

Overview

The appeal was dismissed for want of jurisdiction, with costs, on motion of defendant in error. Rehearing denied.

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

Majority
opinion
  • Appeal dismissed for lack of jurisdiction
  • Costs awarded to defendant in error

Jurisdiction

challenged
Jurisdictional holding
Dismissed for want of jurisdiction

Procedural posture

Posture at trial
Error from trial court
Posture on appeal
Direct appeal
Forfeited issues
  • Jurisdiction

Subsequent history

Petition for rehearing
filed and denied
Mandate issued

Legal categories

Business

Case record

Full case name
KINGMAN et al. v. WESTERN MANUF’G CO.
Docket number
No. 763
Court
Circuit Court of Appeals, Eighth Circuit
Trial court
Circuit Court of the United States for the District of Nebraska
Decided
Opinion type
unpublished
Precedential status
non-precedential

Issues & holdings

1
Issues raised
1
dismissed
1
Holdings
Standard of review

de novo

Disposition rationale

Court found no jurisdiction, dismissing appeal on motion of defendant in error

Preservation

Issue preserved for review

Holdings of the court

Jurisdiction of Circuit Court of Appeals
Court lacked jurisdiction, dismissing appeal for want of jurisdiction
No jurisdiction found, appeal dismissed on motion of defendant in error
non-binding

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

2
Events
123
Days, incident to ruling
—
Span
appeal eventcited in opinion

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

Jurisdiction
Circuit Court of Appeals · Plaintiffs in error · Defendant in error appellate court
appeal eventcited in opinion

Rehearing denied

Outcome: Rehearing denied

Final disposition of appeal

Jurisdiction
Circuit Court of Appeals appellate court

Facts & evidence

Procedural history

1 steps
  1. Error brought to Circuit Court of Appeals from Circuit Court of the United States for the District of Nebraska

Sentencing

Fines ordered
Costs awarded to defendant in error

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 appeal
Summarizes the jurisdictional dismissal and award of costs
Index terms39
Summary terms
Legal mechanisms
Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal arguments
Legal defenses
Legal penalties
Legal procedural steps
Geo locations
Attorneys
Procedural terms
Legal actions
Action type
dismissed
Target
appeal
Appealed from
Circuit Court of the United States for the District of Nebraska
Context
Circuit Court of Appeals dismissed appeal for want of jurisdiction on motion of defendant in error
Scope
full
Further instructions
Costs awarded to defendant in error
Action type
denied
Target
rehearing
Context
Rehearing denied on September 21, 1896
Scope
full
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