EVANS, PLAINTIFF IN ERROR,
v.
BROWN

U.S. | 1883-01-01
109 U.S. 180 Supreme Court of the United States (1883) Caution
Also reported at: 27 L. Ed. 898 · 3 S. Ct. 83 · 1883 U.S. LEXIS 953 · SCDB 1883-001
Cited by 46 cases

Opinion of the Court
Mr. Chief Justice Waite

Mr. Chief Justice Waite delivered the opinion of the court.

The writ of error in this case was not made returnable on any particular day. This, if the defect is not cured by amendment, entitles .the defendant in error to a dismissal, but the plaintiff in error asks leave, under the authority of sec. 1005, Rev. Stat., to amend the writ by inserting the proper return day. That leave we grant, and therefore overrule the motion to dismiss, but on looking into the record we find the case was manifestly brought here for delay only. All the questions presented are so frivolous as not to need further argument. The motion to affirm is granted.

Judgment affirmed.


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Citator

Cited By (19 total)

  • La Bourgogne, 210 U.S. 95 (U.S. 1908)
  • Radio Station WOW, Inc. v. Johnson, 326 U.S. 120 (U.S. 1945)
    …hereby awarded, and that a mandate issue accordingly.” Most of the cases cited which involve an accounting have come from federal courts. In this category are Forgay v. Conrad, 6 How. 201; Thomson v. Dean, 7 Wall. 342; Winthrop Iron Co. v. Meeker, 109 U. S. 180; Keystone Iron Co. v. Martin, 132 U. S. 91; McCourkey v. Toledo & Ohio R. Co., 146 U. S. 536; Gulf Refining Co. v. United States, 269 U. S. 125. In the Forgay case the court below set aside a conveyance of land and slaves and ordered a master to ta…
  • Keller v. Potomac Elec. Power Co., 261 U.S. 428 (U.S. 1923)

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