Overview
Case summary
Elrod appealed a judgment from the United States Circuit Court for the District of Kentucky to the Circuit Court of Appeals, Sixth Circuit. The defendant in error, Adams Express Co., moved to dismiss the appeal because Elrod failed to print the record as required by the twenty-third rule. The appellate court granted the motion and dismissed the appeal based on this procedural deficiency, without reaching the merits of the underlying case.
Abstract
Appellant appealed a district court judgment to the circuit court of appeals. The appellee moved to dismiss the appeal due to failure to print the record as required by the appellate rule. The court granted the motion and dismissed the appeal without addressing the merits.
Opinion of the court
opinion
- Appeal dismissed for procedural failure to print the record
- Motion by defendant in error granted pursuant to the twenty-third rule
Procedural posture
Legal categories
Case record
Issues & holdings
Procedural rule application
Appeal dismissed on motion of defendant in error for failure to comply with procedural requirement to print the record
Issue preserved for review
Holdings of the court
Error analysis
- Failure to print the record as required by appellate rules — procedural · error foundNot applicable as error was procedural and resulted in dismissal · not applicable
Standards of review
- Dismissal for failure to print the record — Procedural rule application Court applied the twenty-third rule requiring printing of the record for appeals
Timeline
Judgment entered in United States Circuit Court for the District of Kentucky
Elrod filed writ of error to Circuit Court of Appeals, Sixth Circuit
Defendant in error (Adams Express Co.) moved to dismiss appeal for failure to print the record
Outcome: Motion granted
Circuit Court of Appeals dismissed appeal pursuant to the twenty-third rule for failure to print the record
Outcome: Appeal dismissed
Facts & evidence
Key facts
1 facts- Appeal dismissed for failure to print the record pursuant to the twenty-third rule
Procedural history
3 steps- Case appealed from United States Circuit Court for the District of Kentucky
- Defendant in error moved to dismiss for failure to print the record
- Appeal dismissed pursuant to the twenty-third rule
Authorities
Statutes
- Twenty-third rule (appellate procedural rule)
Standards & doctrines
- Procedural compliance doctrine for appeals
Legal principles applied
- Appeals must comply with procedural rules including printing of record
- Courts may dismiss appeals for procedural deficiencies