Evans v. Brown — 109 U.S. 180

Majority — Waite C.J.

p. 180

EVANS, Plaintiff in Error, v. BROWN.

Syllabus

IN ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE DISTRICT-O-E-NEVADA.

Practice.

On motion to dismiss, with which is united, under Rule 6, a motion to affirm, the motion to affirm will be granted when it appears that the questions presented are frivolous, and that the ease is brought here for delay only.

delivered the opinion of the court.

The writ of error in this case was not made returnable on any particular day. This, if the defect is not cured by amendment, entitles .the defendant in error to a dismissal, but the plaintiff in error asks leave, under the authority of sec. 1005, Rev. Stat., to amend the writ by inserting the proper return day. That leave we grant, and therefore overrule the motion to dismiss, but on looking into the record we find the case was manifestly brought here for delay only. All the questions presented are so frivolous as not to need further argument. The motion to affirm is granted.

Judgment affirmed.