Elrod v. Adams Exp. Co.

No. 525
Decided Circuit Court of Appeals, Sixth Circuit
Disposition
dismissed
full scope · Unanimous
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Court
United States Circuit Court for the District of Kentucky
Decided
Posture
Judgment from United States Circuit Court for the District of Kentucky
Plaintiff in error (1)
Elrod
O’Neal & Pryor, George Weissinger Smith
v.
Defendant in error (1)
Adams Express Co.
Lawrence Maxwell, Jr., Stone & Sudduth

Overview

The appeal is dismissed pursuant to the twenty-third rule for failure to print the record.

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

Majority
opinion
  • Appeal dismissed for procedural failure to print the record
  • Motion by defendant in error granted pursuant to the twenty-third rule

Procedural posture

Posture at trial
Judgment from United States Circuit Court for the District of Kentucky
Posture on appeal
Direct appeal (writ of error)

Legal categories

Business

Case record

Full case name
ELROD v. ADAMS EXP. CO.
Docket number
No. 525
Court
Circuit Court of Appeals, Sixth Circuit
Trial court
United States Circuit Court for the District of Kentucky
Decided

Issues & holdings

1
Issues raised
1
dismissed
1
Holdings
Standard of review

Procedural rule application

Disposition rationale

Appeal dismissed on motion of defendant in error for failure to comply with procedural requirement to print the record

Preservation

Issue preserved for review

Holdings of the court

Motion to dismiss appeal for procedural deficiency
Appeal dismissed for failure to print the record as required by the twenty-third rule
Defendant in error properly moved for dismissal based on appellant's failure to comply with procedural rule requiring printing of the record
Unanimousbinding precedent

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

4
Events
0
Days, incident to ruling
—
Span
procedural eventcited in opinion

Judgment entered in United States Circuit Court for the District of Kentucky

Elrod · Adams Express Co. · United States Circuit Court trial court
appeal eventcited in opinion

Elrod filed writ of error to Circuit Court of Appeals, Sixth Circuit

Elrod · Adams Express Co. · Circuit Court of Appeals appellate court
motioncited in opinion

Defendant in error (Adams Express Co.) moved to dismiss appeal for failure to print the record

Outcome: Motion granted

Adams Express Co. · Circuit Court of Appeals appellate court
rulingcited in opinion

Circuit Court of Appeals dismissed appeal pursuant to the twenty-third rule for failure to print the record

Outcome: Appeal dismissed

Circuit Court of Appeals appellate court

Facts & evidence

Key facts

1 facts
  1. Appeal dismissed for failure to print the record pursuant to the twenty-third rule

Procedural history

3 steps
  1. Case appealed from United States Circuit Court for the District of Kentucky
  2. Defendant in error moved to dismiss for failure to print the record
  3. 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
Index terms53
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Procedural terms
Entities and documentation
Legal actions
Action type
dismissed
Target
Appeal
Appealed from
United States Circuit Court for the District of Kentucky
Context
Appeal dismissed on motion of defendant in error for failure to print the record pursuant to the twenty-third rule
Scope
full
Disposition vote
Unanimous
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