79 U.S. 440 - Hennessy v. Sheldon — 79 U.S. 440

How this case has been cited

Cited by 32 later decisions (10 by the Supreme Court) — most recently August 1975 · most notably Bessette v. W. B. Conkey Co. (1904), Idaho Oregon Land Imp Co v. Bradbury (1889)

14 federal appellate · 1 district · 1 state decisions

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.

¶1A judgment affirmed with ten per cent, damages in addition to interest, under the 23d Buie of Court.

¶2Error to the Circuit Court for the Eastern District of •Texas.

¶3Sheldon, a citizen .of New York, sued Hennessy, a citizen or Texas, on two, notes. The defendant pleaded the general issue and payment. Judgment was given for the plaintiff, and the defendant took this writ of error and gave bond to cause the writ to operate as a supersedeas. There was no bill of exceptions.

¶431essrs. Albert Pike and P. W". Johnson, for the defendants in error,

¶5asserting that the writ of error was manifestly frivolous, vexatious, and for delay, asked affirmance and damages at the rate of ten per centum under the 23d Rule of court.*

¶6No opposing counsel.

¶8The CHIEF JUSTICE.

¶9There is nothing in the record which tends to show error in this judgment, or to repel the conclusion that the writ is prosecuted merely for delay. The judgment must, therefore, be

¶10Aeeirmed with ten per cent, damages.