Whitney v. Cook
99 U.S. 607 (1878)

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U.S. Supreme Court

Whitney v. Cook, 99 U.S. 607 (1878)

Whitney v. Cook

99 U.S. 607

Syllabus

1. Under amended Rule 6, the plaintiff in error or the appellant may, with a motion to dismiss the writ of error or the appeal, unite a motion to affirm the judgment or the decree, but where there is no color of right to a dismissal, the case being clearly within the jurisdiction of this Court, a motion to affirm merely will not be sustained.

2. The Court declares that it will by the assessment of damages suppress the evil of resorting to its jurisdiction upon frivolous grounds.

Motion to affirm the judgment of the court below.

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