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109 U.S. 180

3 S. Ct. 83

27 L. Ed. 898

Evans v. Brown

Supreme Court of the United States

Decided January 1, 1883

Supreme Court of the United States · decided 1883

<p> Practice. </p> <p>On motion to dismiss, with which is united, under Rule 6, a motion to affirm, the motion to affirm will be granted when it appears that the questions presented are frivolous, and that the ease is brought here for delay only.</p>

Good law ✅— No negative treatment on recordhow we know

Affirmed · 9–0 · Decided 1883

How this case has been cited

Cited by 88 later decisions (17 by the Supreme Court) — most recently July 2013 · most notably Keller v. Potomac Electric Power Co. (1923), La Bourgogne (1908)

46 federal appellate · 7 district · 3 state decisions

17018831890190019101920193019401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1IN ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE DISTRICT-O-E-NEVADA.

¶2Practice.

¶3On motion to dismiss, with which is united, under Rule 6, a motion to affirm, the motion to affirm will be granted when it appears that the questions presented are frivolous, and that the ease is brought here for delay only.

¶4Mr. Chief Justice Waite

¶5delivered the opinion of the court.

¶6The writ of error in this case was not made returnable on any particular day. This, if the defect is not cured by amendment, entitles .the defendant in error to a dismissal, but the plaintiff in error asks leave, under the authority of sec. 1005, Rev. Stat., to amend the writ by inserting the proper return day. That leave we grant, and therefore overrule the motion to dismiss, but on looking into the record we find the case was manifestly brought here for delay only. All the questions presented are so frivolous as not to need further argument. The motion to affirm is granted.

¶7Judgment affirmed.

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