West Wisconsin Railway Company v. FoleyAnnotate this Case
94 U.S. 100
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
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
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,
Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.