Chafin v. McFadden

This case is returnable to the next term. A motion has been filed to advance it to the present term and affirm the judgment upon the ground that the appeal is prosecuted for delay, merely. The statute which regulates the practice in this particular {Mansf. Rev. Si, see. 1306), does not limit the right of filing such motion or of having it acted upon to any particular time or term, but contemplates an affirmance of the superseded judgment, where the court is satisfied that the appeal is taken for delay,' at the earliest practicable moment. The court will not lend its aid to parties prosecuting…