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59 Mich. 592

Singer Manufacturing Co. v. Benjamin

Michigan Supreme Court

Decided February 3, 1886

Michigan Supreme Court · decided 1886-02-03

<p> Damages for vexatious appeal. </p> <p>Damages, as for vexatious appeal, were awarded on affirmance of a judgment wliere the amount involved was small and theonly substantial points of law in question had already been disposed of on a previous hearing.</p>

Relies on Singer Manufacturing Co. v. Benjamin

Affirmed · Decided 1886-02-03

Champlin, J.

¶1This case was before the court at the October term, 1884 (55 Mich. 330). The record in this case seeks to review the decision of this Court upon the points of law then decided, and the other errors assigned are without merit.

¶2The defendant defends as special administrator of the estate of Angus D. McArthur, deceased, whose estate, at the hirgcst estimate shown in the record, will not exceed $300. We are satisfied with the correctness of our former decision, and have no disposition to reverse it, and we cannot regard this appeal otherwise than vexatious.

¶3*593The judgment is affirmed, with fifty dollars damages for vexatious appeal, and costs of both courts to be taxed.

The other Justices concurred.
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