Overview
Case summary
This case involves an appeal from the District Court for the Eastern District of Michigan regarding a libel claim by the City of Mackinac. The appellants, Timothy Hurley and another, represented by John C. Shaw, appealed a decree dismissing the libel. The Circuit Court of Appeals reversed the decree, and a rehearing was granted on October 5, 1890. However, the case was discontinued by consent before the rehearing took place, as noted in the opinion dated November 10, 1896.
Abstract
The case involves an appeal from a district court decree dismissing a libel claim filed by a city, which was reversed by the circuit court of appeals with a rehearing ordered. Before the rehearing occurred, the parties discontinued the case by mutual consent. The matter concluded without further proceedings.
Opinion of the court
opinion
- Decree dismissing the libel was reversed
- Rehearing granted on October 5, 1890
- Case discontinued by consent before rehearing
Jurisdiction
not challenged- Appeal from the District Court of the United States for the Eastern District of Michigan
Procedural posture
- Reversal of the decree dismissing the libel
Subsequent history
Legal categories
Case record
Issues & holdings
Not specified
Decree was reversed, leading to grant of rehearing
Issue preserved for review
Holdings of the court
Timeline
Order granting a rehearing
Outcome: Rehearing granted
Granted after reversal of decree dismissing the libel
Case discontinued by consent before rehearing
Outcome: Discontinued
Case ended without rehearing after reversal
Facts & evidence
Procedural history
3 steps- Decree dismissing the libel was reversed
- Rehearing granted on October 5, 1890
- Case discontinued by consent before rehearing
Authorities
Cited authorities (1)
Related cases (1)
Legal principles applied
- Consent discontinuance
Notable quotes
“Discontinued, by consent, after the reversal of the decree dismissing the libel, and before any rehearing was had under the order of October 5, 1890, granting a rehearing.”majority — Conclusion of the caseSummarizes the procedural outcome