Amory v. Amory

Mr.' Chief Justice Waite

delivered the opinion of ,the court.

We cannot dismiss a case on motion ¿imply because we may be of the opinion that it has been brought here for delay only. Both parties have the right to be heard on the merits; and one party cannot require the other to come to such a hearing upon a mere motion to dismiss. To dismiss-under such circumstances would be to decide that the case had no merits. Neither can we advance a cause for argument for the reason that we may think it has no merits.. Further argument may show the contrary.

We can adjudge damages, under sect. 1010 Rev.…