Public-domain · open source
OpenJurist

17 Mo. App. 443

Smith v. White

Missouri Court of Appeals

Decided April 21, 1885

Missouri Court of Appeals · decided 1885-04-21

<p>Practice — Affirmance with Damages. — The judgment on an appeal1 manifestly taken for delay, will be affirmed with ten per cent., damages.</p>

Affirmed with ten per cent, damages · Decided 1885-04-21

Rombauer, J.,

¶1delivered the opinion of the court.

¶2The record in this case presents nothing for review *444here. The appeal is wholly without merit, as no exceptions were saved by appellant to any rulings of the trial •court. We have examined the record proper and find no error. The action is one against the maker of a promissory note, and the answer is a general denial unverified. The execution of the instrument is thus confessed. No .assignment of errors or brief is filed by appellant in this court. Under such circumstances the conclusion is inevitable that the appeal was taken for the sole purpose of •delay.

¶3The judgment of the trial'conrt,

with the concur rence of all the judges,

¶4is affirmed with ten per cent, •damages.

/17/moapp/443 · .json · Public domain