Gougar v. Morse

No. 178
Decided Circuit Court of Appeals, First Circuit
Disposition
dismissed
full scope · Unanimous
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Court
Circuit Court of the United States for the District of Massachusetts
Decided
Posture
Unknown
Plaintiff in error (1)
Gougar
Harvey N. Shepard
v.
Defendant in error (1)
Morse
Henry F. Bushnell

Overview

The appeal is dismissed for failure to print the record.

Case summary

This is a brief appellate decision from the First Circuit Court of Appeals in 1896. The case involved an appeal via writ of error from the Circuit Court for the District of Massachusetts. The appellate court dismissed the appeal because the appellant (Gougar) failed to print the record as required by procedural rules. No substantive opinion was issued, and the case was terminated on procedural grounds.

Abstract

The appellate court dismissed the appeal brought via writ of error from the lower circuit court. The dismissal occurred because the appellant failed to print the record as required by procedural rules. No substantive opinion was issued, and the case ended on procedural grounds.

Opinion of the court

Majority
opinion
  • Appeal dismissed for procedural default
  • No substantive opinion issued

Jurisdiction

not challenged
Jurisdictional facts
  • Error to the Circuit Court of the United States for the District of Massachusetts

Procedural posture

Posture at trial
Unknown
Posture on appeal
Writ of error
Forfeited issues
  • Failure to print record

Legal categories

Business

Case record

Full case name
GOUGAR v. MORSE
Docket number
No. 178
Court
Circuit Court of Appeals, First Circuit
Trial court
Circuit Court of the United States for the District of Massachusetts
Decided
Opinion type
unpublished
Precedential status
non-precedential

Issues & holdings

1
Issues raised
1
dismissed
1
Holdings
Standard of review

Procedural compliance

Disposition rationale

Appellant failed to comply with procedural requirement to print record

Preservation

Issue not preserved

Holdings of the court

Appeal dismissal for procedural default
The appeal is dismissed due to appellant's failure to print the record
Appellant did not comply with procedural requirements for appellate review
Unanimousnon-binding

Error analysis

  • Failure to print record — procedural · error foundNot applicable as error led to dismissal · not applicable

Standards of review

  • Procedural compliance with record printing — plain error Failure to print record is a procedural default warranting dismissal

Timeline

appeal eventcited in opinion

Circuit Court of Appeals dismisses the appeal for failure to print record

Outcome: Dismissed

Case terminated due to procedural default

Procedural compliance
Circuit Court of Appeals, First Circuit appellate court

Facts & evidence

Key facts

1 facts
  1. Case dismissed for failure to print record

Procedural history

2 steps
  1. Appeal taken via writ of error
  2. Dismissed by appellate court

Objects of relevance

Printed record (not provided)

Authorities

Standards & doctrines

  • Procedural default doctrine in appellate practice

Legal principles applied

  • Appeals may be dismissed for failure to follow procedural rules
Index terms35
Summary terms
Legal mechanisms
Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal evidence
Legal arguments
Legal defenses
Legal penalties
Legal procedural steps
Geo locations
Attorneys
Procedural terms
Entities and documentation
Legal actions
Action type
dismissed
Target
appeal
Appealed from
Circuit Court of the United States for the District of Massachusetts
Context
Circuit Court of Appeals dismissed the appeal for failure to print the record as required by procedural rules
Scope
full
Disposition vote
Unanimous
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