The Andrew Burnham

Not specified
Decided Circuit Court of Appeals, Second Circuit
Disposition
dismissed
full scope · unanimous
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Court
District Court of the United States for the Southern District of New York
Decided
Posture
Not specified
Appellants (1)
Claimants of the Andrew Burnham
Goodrich, Deady & Goodrich
v.
Appelleess (2)
Frank P. Burger and others
Cowen, Wing, Putnam & Burlingham

Overview

The appeal is dismissed on consent, pursuant to the twentieth rule.

Case summary

This case involves an appeal regarding the vessel Andrew Burnham, heard by the Circuit Court of Appeals for the Second Circuit. The appellants are the claimants of the Andrew Burnham, represented by Goodrich, Deady & Goodrich, and the appellees are Frank P. Burger and others, represented by Cowen, Wing, Putnam & Burlingham. The appeal was taken from the District Court of the United States for the Southern District of New York. On October 13, 1896, the appellate court dismissed the appeal on consent, pursuant to the twentieth rule, indicating a resolution agreed upon by the parties without further litigation.

Abstract

The case is an appeal by claimants of a vessel against respondents, taken from the district court to the circuit court of appeals. The appellate court dismissed the appeal on consent of the parties pursuant to the twentieth rule. This resolved the matter without further litigation.

Opinion of the court

Majority
opinion
  • Appeal dismissed on consent
  • Pursuant to the twentieth rule

Jurisdiction

not challenged
Jurisdictional facts
  • Appeal from the District Court of the United States for the Southern District of New York

Procedural posture

Posture at trial
Not specified
Posture on appeal
Direct appeal

Legal categories

Business

Case record

Full case name
THE ANDREW BURNHAM
Docket number
Not specified
Court
Circuit Court of Appeals, Second Circuit
Trial court
District Court of the United States for the Southern District of New York
Decided
Opinion type
published
Precedential status
precedential

Issues & holdings

1
Issues raised
1
dismissed
1
Holdings
Standard of review

Not specified

Disposition rationale

Dismissed on consent as per the twentieth rule

Preservation

Issue preserved for review

Holdings of the court

Dismissal of appeal
The appeal is dismissed on consent pursuant to the twentieth rule
Based on consent of the parties and application of the twentieth rule
unanimousbinding precedent

Timeline

appeal eventcited in opinion

Circuit Court of Appeals dismisses the appeal on consent pursuant to the twentieth rule

Outcome: Appeal dismissed

Final disposition of the case

Dismissal of appeal
Circuit Court of Appeals, Second Circuit appellate court

Facts & evidence

Key facts

2 facts
  1. Case involves the vessel Andrew Burnham
  2. Appeal dismissed on consent pursuant to the twentieth rule

Objects of relevance

Vessel Andrew Burnham

Authorities

Statutes

  • Twentieth rule (procedural rule for dismissal on consent)

Standards & doctrines

  • Consent-based dismissal doctrine

Legal principles applied

  • Appellate courts may dismiss appeals on consent as per procedural rules
Index terms30
Summary terms
Legal mechanisms
Various actions
Various actors
Legal concepts
Legal outcomes
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Legal procedures
Legal remedies
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Legal procedural steps
Geo locations
Attorneys
Procedural terms
Entities and documentation
Legal actions
Action type
dismissed
Target
appeal
Appealed from
District Court of the United States for the Southern District of New York
Context
The Circuit Court of Appeals dismissed the appeal on consent, pursuant to the twentieth rule, as indicated in the majority opinion.
Scope
full
Disposition vote
unanimous
Search facets
Parties
Courts
Statutes cited