Majority
p. 149BENJAMIN S. BUCKLEY and JOSEPH B. MORSE, Respondents, v. WILLIAM P. C. STEBBINS, Appellant.
Headnote
Where the respondents obtained a judgment on the 23d of December, 1851, and the appeal bond was filed on the 24th of December, and a certificate of the clerk of the same Court dated February 2d, 1852, that no transcript, record, or other papers in the cause had been filed; and the affidavit of respondent’s produced that the appeal was taken for delay; the Court ordered the appeal to be dismissed, with 10 per cent, damages and costs.Appeal from the District Court of the Fourth Judicial District.
February 3d. A. Williams, Esq., for the respondents, filed a certificate of the clerk below, with the seal of the Court, that the respondents obtained judgment, December 23d, 1851, for $2,552, and that the appeal bond was filed December 24th, 1851: and the certificate of the clerk of this Court, dated February 2d, 1852, that no transcript, record, or other papers in the cause had been filed: and an affidavit of the respondents that the appeal was taken for delay; whereupon the Court, on motion of Mr. Williams, ordered that the appeal be dismissed; and it was also ordered that the appeal be dismissed, with 10 per cent, damages and costs.