Severs v. Bull

No. 812
Decided Circuit Court of Appeals, Eighth Circuit
Disposition
dismissed
full scope · unanimous
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Court
United States Court of Appeals of Indian-Territory
Decided
Posture
Judgment from United States Court of Appeals of Indian-Territory
Plaintiffs in Error (1)
SEVERS et al.
v.
Defendant in Error (1)
BULL.
P. L. Soper, Thomas A. Sanson, Jr.

Overview

The appeal was dismissed pursuant to the sixteenth rule on motion of the defendant in error.

Case summary

This case involved an appeal by SEVERS et al. from a judgment of the United States Court of Appeals of Indian-Territory to the Circuit Court of Appeals, Eighth Circuit. The defendant in error, BULL., represented by attorneys P. L. Soper and Thomas A. Sanson, Jr., moved to dismiss the appeal pursuant to the sixteenth rule. On June 6, 1896, the Circuit Court of Appeals granted the motion and dismissed the appeal without issuing an opinion, resulting in a procedural dismissal without reaching the merits of the underlying case.

Abstract

The case involved an appeal from a judgment of the United States Court of Appeals of Indian Territory to the Circuit Court of Appeals, Eighth Circuit. The defendant in error moved to dismiss the appeal pursuant to the sixteenth rule, which was granted without issuing an opinion or reaching the merits. The procedural dismissal concluded the matter.

Opinion of the court

Majority
opinion
  • Appeal dismissed under sixteenth rule
  • No opinion issued

Jurisdiction

not challenged
Jurisdictional facts
  • Appeal from United States Court of Appeals of Indian-Territory to Circuit Court of Appeals, Eighth Circuit

Procedural posture

Posture at trial
Judgment from United States Court of Appeals of Indian-Territory
Posture on appeal
Direct appeal via writ of error

Subsequent history

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

Legal categories

Business

Case record

Full case name
SEVERS et al. v. BULL.
Docket number
No. 812
Court
Circuit Court of Appeals, Eighth Circuit
Trial court
United States Court of Appeals of Indian-Territory
Decided
Opinion type
unpublished
Precedential status
non-precedential

Issues & holdings

1
Issues raised
1
dismissed
1
Holdings
Standard of review

de novo

Disposition rationale

Court granted motion of defendant in error to dismiss under sixteenth rule without opinion

Preservation

Issue preserved for review

Holdings of the court

Motion to dismiss appeal
Appeal dismissed pursuant to sixteenth rule
Court granted motion of defendant in error without issuing opinion, indicating procedural grounds for dismissal
unanimousnon-binding

Error analysis

  • Procedural error leading to dismissal under sixteenth rule — procedural · error foundNot applicable as dismissal was the outcome · not applicable

Burden of proof

Prosecution burden
Not applicable in civil appeal
Burden met
false

Standards of review

  • Dismissal of appeal pursuant to sixteenth rule — de novo Procedural dismissal based on court rules reviewed de novo

Timeline

appeal eventcited in opinion

Circuit Court of Appeals, Eighth Circuit dismissed the appeal pursuant to sixteenth rule on motion of defendant in error

Outcome: Appeal dismissed

Final disposition of the appeal without reaching merits

Jurisdictional or procedural dismissal
Circuit Court of Appeals, Eighth Circuit · Defendant in error (BULL.) appellate court

Facts & evidence

Key facts

1 facts
  1. Case appealed from United States Court of Appeals of Indian-Territory to Circuit Court of Appeals, Eighth Circuit

Procedural history

3 steps
  1. Appeal docketed in Circuit Court of Appeals, Eighth Circuit
  2. Defendant in error moved to dismiss pursuant to sixteenth rule
  3. Court dismissed the appeal

Authorities

Statutes

  • Sixteenth rule of appellate procedure

Standards & doctrines

  • De novo review for procedural dismissals

Legal principles applied

  • Court may dismiss appeals procedurally without opinion under rules

Notable quotes

“Docketed and dismissed, pursuant to sixteenth rule, on motion of defendant in error.”
majority — Final disposition of the appeal
Summarizes the court's action without opinion
Index terms42
Summary terms
Legal mechanisms
Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal arguments
Legal defenses
Legal penalties
Legal procedural steps
Geo locations
Judges
Attorneys
Procedural terms
Entities and documentation
Legal actions
Action type
dismissed
Target
Appeal from United States Court of Appeals of Indian-Territory
Appealed from
United States Court of Appeals of Indian-Territory
Context
Court dismissed the appeal pursuant to sixteenth rule on motion of defendant in error without opinion
Scope
full
Disposition vote
unanimous
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