Majority — Waite C.J.
Syllabus
Where the record is such as to furnish a sufficient color of right to the dismissal - of the writ of error to justify the court in entertaining with a motion to dismiss a motion' io affirm under Rule 6,— Held, that although the grounds for dismissal he removed by a further showing, the motion to affirm will he granted, when it is manifest that the writ was sued out for delay only.delivered the opinion of the court.
The affidavits which have been' filed by the plaintiff in error,, in opposition to'these, motions, are probably sufficient ¡to establish the: fact that the value of the matter in dispute exceeds $5,000. The motion to dismiss is, therefore, denied ; but on-, looking into the record we are entirely satisfied the writ was taken for delay only.' No assignment'of errors has been annexed to or returned with the writ, as required by sect. 997 of the Revised Statutes; and every question presented by the bill of exceptions or suggested upon the argument appears to us so frivolous as to make it improper- .to keep the case here for any further consideration. There was' on the record, as it stood when these motions were made, at least sufficient, color of right to a dismissal to justify us in entertaining with it a motion to affirm in accordance with the provisions of Rule 6, par. 5.
Motion to affirm granted.