Foppes v. United States

No. 725
Decided Circuit Court of Appeals, Second Circuit
Disposition
dismissed
full scope · unanimous
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Court
Circuit Court of the United States for the Southern District of New York
Decided
Posture
Judgment from Circuit Court
Defendants (1)
FOPPES et al.
Stanley, Clark & Smith, for appellants
v.
Plaintiff (1)
UNITED STATES
Wallace Macfarlane, U. S. Atty.

Overview

The appeal is dismissed on consent.

Case summary

This case involves an appeal by FOPPES et al. from the Circuit Court of the United States for the Southern District of New York to the Circuit Court of Appeals, Second Circuit. The appeal was dismissed on consent on May 27, 1896, indicating that the parties agreed to terminate the appellate proceedings. The case is a straightforward procedural dismissal without substantive legal issues being addressed.

Abstract

The case involves an appeal from a district court to a circuit court of appeals that was dismissed on consent by the parties. This procedural termination occurred without addressing any substantive legal issues. The outcome reflects agreement between the parties to end the appellate proceedings.

Opinion of the court

Majority
opinion
  • Appeal from the Circuit Court of the United States for the Southern District of New York
  • Dismissed on consent

Jurisdiction

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

Procedural posture

Posture at trial
Judgment from Circuit Court
Posture on appeal
Direct appeal
Preserved issues
  • Appeal dismissed on consent

Subsequent history

Petition for rehearing
not filed
Rehearing en banc
not filed
Petition for certiorari
not filed

Legal categories

Criminal

Case record

Full case name
FOPPES et al. v. UNITED STATES
Docket number
No. 725
Court
Circuit Court of Appeals, Second Circuit
Trial court
Circuit 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

de novo

Disposition rationale

The appeal was dismissed on consent, indicating agreement between the parties to terminate the appellate proceedings

Preservation

Issue preserved for review

Holdings of the court

Dismissal of the appeal
The appeal is dismissed on consent
The parties consented to the dismissal, and the court accordingly dismissed the appeal
unanimousbinding precedent

Error analysis

  • No errors alleged; appeal dismissed on consent — procedural · no error foundnot applicable

Standards of review

  • Dismissal of appeal on consent — de novo The court reviews the consent to dismiss the appeal as a matter of law

Timeline

appeal eventcited in opinion

Circuit Court of Appeals, Second Circuit dismisses the appeal on consent

Outcome: Appeal dismissed

Final disposition of the case by the appellate court based on consent of the parties

Dismissal of appeal
FOPPES et al. · UNITED STATES · Circuit Court of Appeals judges appellate court

Facts & evidence

Procedural history

2 steps
  1. Appeal from the Circuit Court of the United States for the Southern District of New York
  2. Dismissed on consent

Authorities

Standards & doctrines

  • De novo review for consent to dismiss appeal

Legal principles applied

  • Parties may consent to dismiss an appeal, leading to termination of the case

Notable quotes

“Dismissed on consent.”
majority — Conclusion of the appellate opinion
Indicates the appeal was terminated based on mutual agreement of the parties
Index terms40
Summary terms
Legal mechanisms
Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal arguments
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 Southern District of New York
Context
The Circuit Court of Appeals, Second Circuit dismissed the appeal on consent of the parties, as stated in the opinion: 'Dismissed on consent.'
Scope
full
Disposition vote
unanimous
Search facets
Parties
Courts
Statutes cited