City of Omaha v. New England Loan & Trust Co.

No. 746
Decided Circuit Court of Appeals, Eighth Circuit
Disposition
dismissed
full scope · unanimous
Scan to open on mobileScan to open on another device
Court
Circuit Court of the United States for the District of Nebraska
Decided
Posture
Unknown
Appellant (1)
CITY OF OMAHA et al.
W. J. Connell
v.
Appellee (1)
NEW ENGLAND LOAN & TRUST CO.
E. D. Samson

Overview

Appeal dismissed, with costs, pursuant to twenty-third rule, for failure to print record, on motion of appellee.

Case summary

This is a short procedural dismissal from the Circuit Court of Appeals, Eighth Circuit. The City of Omaha et al. appealed from the Circuit Court of the United States for the District of Nebraska. The appellee, New England Loan & Trust Co., moved to dismiss the appeal for failure to print the record. On May 13, 1896, the appellate court dismissed the appeal with costs pursuant to the twenty-third rule, based on this procedural failure. No substantive opinion was issued.

Abstract

Appellants appealed from district court, but appellee moved to dismiss for failure to print the record. The appellate court dismissed the appeal with costs pursuant to the applicable rule due to this procedural failure. No substantive opinion was issued.

Opinion of the court

Majority
opinion
  • Appeal dismissed for procedural non-compliance
  • No substantive opinion issued

Jurisdiction

not challenged
Jurisdictional facts
  • Appeal from the Circuit Court of the United States for the District of Nebraska

Procedural posture

Posture at trial
Unknown
Posture on appeal
Direct appeal
Forfeited issues
  • Failure to print record

Legal categories

Business

Case record

Full case name
CITY OF OMAHA et al. v. NEW ENGLAND LOAN & TRUST CO.
Docket number
No. 746
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unpublished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non-precedential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

Procedural rule application

Disposition rationale

Appellee moved to dismiss for failure to print record; court applied twenty-third rule

Preservation

Issue not preserved

Holdings of the court

Appeal dismissal
Appeal dismissed with costs pursuant to twenty-third rule for failure to print record
Appellee moved to dismiss based on procedural non-compliance; court enforced rule
unanimousnon-binding

Error analysis

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

Standards of review

  • Dismissal for failure to print record — plain error Procedural rule violation leading to dismissal

Timeline

appeal eventcited in opinion

Circuit Court of Appeals, Eighth Circuit dismisses appeal with costs pursuant to twenty-third rule for failure to print record, on motion of appellee

Outcome: Appeal dismissed with costs

Procedural dismissal for failure to comply with court rules

Procedural compliance
Circuit Court of Appeals, Eighth Circuit · CITY OF OMAHA et al. · NEW ENGLAND LOAN & TRUST CO. appellate court

Facts & evidence

Procedural history

3 steps
  1. Appeal filed from Circuit Court of the United States for the District of Nebraska
  2. Appellee moved to dismiss for failure to print record
  3. Appeal dismissed with costs pursuant to twenty-third rule

Objects of relevance

Printed record (not produced by appellants)

Authorities

Statutes

  • Twenty-third rule (appellate procedure rule)

Standards & doctrines

  • Procedural dismissal doctrine for rule violations

Legal principles applied

  • Appellate courts may dismiss appeals for procedural non-compliance
Index terms37
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
Judges
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 Nebraska
Context
Appeal dismissed with costs pursuant to twenty-third rule for failure to print record, on motion of appellee
Scope
full
Further instructions
Costs imposed on appellants
Disposition vote
unanimous
Search facets
Parties
Courts
Locations
Statutes cited