West Wisconsin Railway Company v. Foley
94 U.S. 100

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U.S. Supreme Court

West Wisconsin Railway Company v. Foley, 94 U.S. 100 (1876)

West Wisconsin Railway Company v. Foley

94 U.S. 100

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE WESTERN DISTRICT OF WISCONSIN

Syllabus

1. Under the twenty-third rule, in relation to damages, where a writ of error was sued out merely for delay, more than ten percent upon the amount of the judgment cannot be awarded, but the court may give less.

2. Being satisfied that this case is one to which that rule should be applied, the Court, affirming the judgment below for $26,333, with costs, awards, in addition to interest, $500 damages.

The facts are stated in the opinion of the Court.

MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.

It is clear that there is no error in this record. The answer

Page 94 U. S. 101

does not state facts sufficient to constitute a defense to the action. No counsel have appeared to prosecute the suit, no brief has been filed, and no error assigned. We are entirely satisfied that the case has been brought here for delay, and that it is proper to adjudge "just damages for delay," under the provisions of sec. 1010, Rev.Stat. The only difficulty we have had has been in respect to the amount.

The original Judiciary Act of 1789 contained a similar provision to that embraced in sec. 1010. 1 Stat. 85,

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