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West Chicago St. R. v. Ellsworth

No. 358
Decided Circuit Court of Appeals, Seventh Circuit
Disposition
overruled
full scope · unanimous
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Court
Circuit Court of the United States for the Northern Division of the Northern District of Illinois
Decided
Judge
WOODS, Circuit Judge
Posture
Judgment from Circuit Court appealed via writ of error
Plaintiff in error (1)
WEST CHICAGO ST. R. CO.
John A. Rose, for street-railroad company
v.
Defendant (1)
ELLSWORTH
Elmer E. Beach, for defendant

Overview

The motion to dismiss the writ of error is overruled.

Case summary

This case involves an appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The plaintiff in error, West Chicago St. R. Co., docketed the case in the Circuit Court of Appeals on October 22, 1896, after a nunc pro tunc order extended the filing deadline to October 24, 1896. The defendant moved to dismiss the writ of error on October 23, 1896, arguing the case was not docketed in time. The Circuit Court of Appeals, Seventh Circuit, overruled the motion, holding that Rule 16 of the court, regarding dismissal for failure to docket in time, does not apply when the case has been docketed before the motion is made, following Supreme Court precedent and consistent rulings in this and other circuits.

Abstract

Plaintiff docketed a writ of error in the Circuit Court of Appeals after a nunc pro tunc order extended the filing deadline. Defendant moved to dismiss arguing untimely docketing, but the court overruled the motion, holding that the rule on dismissal for failure to docket timely does not apply when the case is docketed before the motion is made, following Supreme Court precedent. The motion to dismiss the writ of error is overruled.

Opinion of the court

Majority
opinionWOODS, Circuit Judgejoined by JENKINS, Circuit Judge, SHOWALTER, Circuit Judge
  • Rule 16 of the Circuit Court of Appeals does not apply to dismiss cases docketed before motion to dismiss
  • Follows Supreme Court precedent in Owings v. Tiernan
  • Consistent with liberal practice in this and other circuits

Jurisdiction

not challenged
Subject matter
Appeal from Circuit Court of the United States for the Northern Division of the Northern District of Illinois
Jurisdictional facts
  • Writ of error issued
  • Case docketed in Circuit Court of Appeals

Procedural posture

Posture at trial
Judgment from Circuit Court appealed via writ of error
Posture on appeal
Direct appeal on motion to dismiss writ of error
Preserved issues
  • Motion to dismiss writ of error for failure to docket in time

Legal categories

Business

Case record

Full case name
WEST CHICAGO ST. R. CO. v. ELLSWORTH
Docket number
No. 358
Court
Circuit Court of Appeals, Seventh Circuit
Trial court
Circuit Court of the United States for the Northern Division of the Northern District of Illinois
Decided
Opinion author
WOODS, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
WOODS, Circuit JudgeJENKINS, Circuit JudgeSHOWALTER, Circuit Judge

Issues & holdings

1
Issues raised
1
affirmed
1
Holdings
Standard of review

de novo

Disposition rationale

Rule 16 of the Circuit Court of Appeals, similar to Supreme Court Rule 9, does not apply where the case has been docketed before the motion to dismiss is made

Preservation

Issue preserved for review

Holdings of the court

Application of Rule 16 for dismissing cases for failure to docket in time
Rule 16 will not be applied where, before the motion to dismiss is made, the cause has been actually placed on the docket
Based on Supreme Court precedent in Owings v. Tiernan and consistent rulings in this circuit and others, the court follows a liberal practice and does not dismiss cases that have been docketed prior to the motion
unanimousbinding precedent

Error analysis

  • Failure to docket case in Circuit Court of Appeals within required time — procedural · no error foundNot applicable as no error found · not applicable

Standards of review

  • Motion to dismiss writ of error for failure to docket in time — de novo Interpretation of court rules and procedural requirements

Timeline

5
Events
111
Days, incident to ruling
—
Span
procedural eventcited in opinion

Citation issued and made returnable October 14, 1896

Initiated appellate process

Court trial court
procedural eventcited in opinion

Judge made nunc pro tunc order extending time for filing record to October 24, 1896

Extended deadline for appellate filing

Judge trial court
procedural eventcited in opinion

Plaintiff in error docketed case in Circuit Court of Appeals

Case placed on appellate docket before motion to dismiss

WEST CHICAGO ST. R. CO. appellate court
motioncited in opinion

Motion to dismiss writ of error filed for failure to docket in time

Basis for appeal issue

Defendant appellate court
rulingcited in opinion

Circuit Court of Appeals overruled motion to dismiss

Outcome: Motion overruled

Final disposition of appeal

WOODS, Circuit Judge · JENKINS, Circuit Judge · SHOWALTER, Circuit Judge appellate court

Facts & evidence

Key facts

4 facts
  1. Citation issued September 15, 1896, returnable October 14, 1896
  2. Judge made nunc pro tunc order on October 14 extending time to file record to October 24, 1896
  3. Plaintiff in error docketed case in Circuit Court of Appeals on October 22, 1896
  4. Motion to dismiss filed October 23, 1896 for failure to docket in time

Procedural history

4 steps
  1. Citation issued September 15, 1896
  2. Nunc pro tunc order extending time to October 24, 1896
  3. Case docketed October 22, 1896
  4. Motion to dismiss filed October 23, 1896

Evidence in the record

Documentary
  • Citation issued September 15, 1896
  • Nunc pro tunc order extending time to October 24, 1896

Authorities

Cited authorities (13)

Owings v. Tiernan, 10 Pet. 24
followedquotedprecedent
Supreme Court stated rule for docketing and dismissing causes not applied where cause placed on docket before motion
West v. Irwin, 9 U. S. App. 547, 4 C. C. A. 401, and 54 Fed. 419
distinguisheddistinguished
Cited by defendant in support of motion to dismiss
Farmers’ Loan & Trust Co. v. Chicago & N. P. R. Co., 34 U. S. App. 626, 19 C. C. A. 477, and 73 Fed. 314
appliedpersuasive
Explained and distinguished West v. Irwin
Gwin v. Breedlove, 15 Pet. 284
followedprecedent
Cited as additional Supreme Court precedent
Bingham v. Morris, 7 Cranch, 99
followedprecedent
Cited as additional Supreme Court precedent
Sparrow v. Strong, 3 Wall, 103
followedprecedent
Cited as additional Supreme Court precedent
Chicago Dollar Directory Co. v. Chicago Directory Co., 24 U. S. App. 525, 13 C. C. A. 8, 11, and 65 Fed. 463
followedprecedent
This court ruled same way on docketing issue
Andrews v. Thum, 21 U. S. App. 459, 12 C. C. A, 77, and 64 Fed. 149
appliedpersuasive
First circuit made like ruling on docketing
Freeman v. Clay, 2 U. S. App. 151, 1 C. C. A. 115, and 48 Fed. 849
appliedpersuasive
Other circuit decision favoring liberal practice
McClellan v. Pyeatt, 4 U. S. App. 98, 1 C. C. A. 241, and 49 Fed. 259
appliedpersuasive
Other circuit decision favoring liberal practice
The Chatham, 8 U. S. App. 104, 3 C. C. A. 161, and 52 Fed. 396
appliedpersuasive
Other circuit decision favoring liberal practice
State of Florida v. Charlotte Harbor Phosphate Co., 30 U. S. App. 536, 17 C. C. A. 472, and 70 Fed. 883
appliedpersuasive
Other circuit decision favoring liberal practice
Jones v. Mann, 18 C. C. A. 442, 72 Fed. 85
appliedpersuasive
Other circuit decision favoring liberal practice

Statutes

  • Rule 16 of Circuit Court of Appeals (11 C. C. A. cvi.; 47 Fed. viii.)
  • Rule 9 of Supreme Court (12 Sup. Ct. ix.)

Standards & doctrines

  • Liberal practice in applying docketing rules
  • Supreme Court precedent from Owings v. Tiernan

Legal principles applied

  • Court rules should not be applied to dismiss cases already docketed
Index terms46
Summary terms
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Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal arguments
Legal defenses
Legal penalties
Legal procedural steps
Judges
Attorneys
Procedural terms
Entities and documentation
Legal actions
Action type
overruled
Target
Motion to dismiss the writ of error
Appealed from
Motion filed in Circuit Court of Appeals
Context
The court overruled the motion to dismiss because Rule 16 does not apply when the case has been docketed before the motion is made, following Supreme Court precedent and consistent circuit rulings
Scope
full
Disposition vote
unanimous
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