Phillips v. Blackwell

On the call of this case the plaintiff in error was unrepresented; and counsel for the defendant in error moved the court to open the record, and insisted on an affirmance of the judgment and an award of ten per cent, damages for delay.

The judgment of the court below is hereby affirmed (Civil Code, § 6249, rule 30); but the motion of counsel of the defendant in error for this court to open the record and award ten per cent, damages against the plaintiff in error for delay is denied, it not sufficiently appearing that the writ of error was sued out for delay only. This case differs from…