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29 F. Cas. 493

Weaver v. Thomson

U.S. District Court

Decided October 5, 1849

U.S. District Court · decided 1849-10-05

LAppeal from the district court of the United States for the Eastern district of Pennsylvania.] The district court having given a decree in admiralty, [case unreported,] the libellee, who had been cast, appealed to this court.

Decided 1849-10-05

GRIER, Circuit Justice.

¶1I have repeatedly expressed my design of discouraging appeals unless there was some substantial grounds for them in a manifest error in the decree of the court below. In questions particularly of mere fact, and in those, like salvage, depending on sound discretion, I discourage them because they lead to speculations on the temperaments and dispositions of the respective judges, and are taken on a little besides a calculation of chances. Where the want of ground for the appeal is so obvious as to shew that the case must have been carried up here for delay merely, I see no ■objection to allowing a party to recover damages for any injury done by the delay to which he has thus put his opponent in a vexatious and unreasonable way. Amendment allowed.

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