In the Matter Of: Estaste of Benedict

On Motion to Assess Damages for Frivolous Appeal

This motion was filed under Section 4639, C. G. L., 2920 R. G. S., and 4965 C. G. L., 3173 R. G. S., which sections vest in the Supreme Court power to quash proceedings in error and to dismiss appeals as frivolous where they are taken against good faith and merely for delay, and to decree damages thereon against the appellant in a sum not exceeding ten per cent, where the circumstances warrant it.

The cause below was a suit for an accounting by two of the heirs at law of William H. Benedict, deceased. In that suit a final decree was rendered in…