Overview
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
opinion
- Appeal dismissed for procedural non-compliance
- No substantive opinion issued
Jurisdiction
not challenged- Appeal from the Circuit Court of the United States for the District of Nebraska
Procedural posture
- Failure to print record
Legal categories
Case record
Issues & holdings
Procedural rule application
Appellee moved to dismiss for failure to print record; court applied twenty-third rule
Issue not preserved
Holdings of the court
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
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
Facts & evidence
Procedural history
3 steps- Appeal filed from Circuit Court of the United States for the District of Nebraska
- Appellee moved to dismiss for failure to print record
- Appeal dismissed with costs pursuant to twenty-third rule
Objects of relevance
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