City of Mackinac

No. 315
Decided Circuit Court of Appeals, Sixth Circuit
Disposition
reversed
full scope
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Court
District Court of the United States for the Eastern District of Michigan
Decided
Posture
Decree dismissing the libel
Appellantss (2)
Timothy Hurley and another
John C. Shaw
v.
Claimant/Appellee (1)
City of Mackinac
Wells, Angelí, Boynton & McMillan

Overview

The case was discontinued by consent after the reversal of the decree dismissing the libel and before any rehearing under the order of October 5, 1890.

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

Majority
opinion
  • Decree dismissing the libel was reversed
  • Rehearing granted on October 5, 1890
  • Case discontinued by consent before rehearing

Jurisdiction

not challenged
Jurisdictional facts
  • Appeal from the District Court of the United States for the Eastern District of Michigan

Procedural posture

Posture at trial
Decree dismissing the libel
Posture on appeal
Direct appeal
Preserved issues
  • Reversal of the decree dismissing the libel

Subsequent history

Petition for rehearing
filed and granted
Remand proceedings
Case discontinued before rehearing

Legal categories

Business

Case record

Full case name
THE CITY OF MACKINAC
Docket number
No. 315
Court
Circuit Court of Appeals, Sixth Circuit
Trial court
District Court of the United States for the Eastern District of Michigan
Decided
Opinion type
published
Precedential status
precedential

Issues & holdings

1
Issues raised
1
reversed
1
Holdings
Standard of review

Not specified

Disposition rationale

Decree was reversed, leading to grant of rehearing

Preservation

Issue preserved for review

Holdings of the court

Reversal of decree dismissing the libel
The decree dismissing the libel was reversed
Based on appellate review, leading to grant of rehearing
Not specifiedbinding precedent

Timeline

2
Events
2,228
Days, incident to ruling
—
Span
procedural eventcited in opinion

Order granting a rehearing

Outcome: Rehearing granted

Granted after reversal of decree dismissing the libel

Reversal of decree
Court appellate court
appeal eventcited in opinion

Case discontinued by consent before rehearing

Outcome: Discontinued

Case ended without rehearing after reversal

Discontinuance
Appellants · Appellee · Court appellate court

Facts & evidence

Procedural history

3 steps
  1. Decree dismissing the libel was reversed
  2. Rehearing granted on October 5, 1890
  3. Case discontinued by consent before rehearing

Authorities

Cited authorities (1)

73 Fed. 883
citedprecedent
Reference for the case proceedings

Related cases (1)

73 Fed. 883
prior appeal
Cited as reference for the case

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 case
Summarizes the procedural outcome
Index terms44
Summary terms
Legal mechanisms
Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal procedural steps
Geo locations
Attorneys
Procedural terms
Substantive offenses
Legal actions
Action type
reversed
Target
decree dismissing the libel
Appealed from
District Court of the United States for the Eastern District of Michigan
Context
The decree dismissing the libel was reversed by the appellate court
Scope
full
Action type
discontinued
Target
the case
Appealed from
Circuit Court of Appeals
Context
Case discontinued by consent after reversal and before rehearing
Scope
full
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