1. A cause will not, on the ground that it has no merits, be
advanced for argument, nor will it be dismissed on motion simply
because the Court may be of opinion that it has been brought here
for delay only.
2. The Court will not hesitate to exercise its power to adjudge
damages where it finds that its jurisdiction has been invoked
merely to gain time.
Page 91 U. S. 357
MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.
We cannot dismiss a case on motion simply because we may be of
the opinion that it has been brought here for delay only. Both
parties have the right to be heard on the merits, and one party
cannot require the other to come to such a hearing upon a mere
motion to dismiss. To dismiss under such circumstances would be to
decide that the case had no merits. Neither can we advance a cause
for argument for the reason that we may think it has no merits.
Further argument may show the contrary.
We can adjudge damages, under sec. 1010 Rev.Stat. and Rule 23,
in all cases where it appears that a writ of error has been sued
out merely for delay. This gives us the only power we have to
prevent frivolous appeals and writs of error, and we deem it not
improper to say that this power will be exercised without
hesitation in all cases where we find that our jurisdiction has
been invoked merely to gain time.