Seegers v. McCreery

This is a motion to dismiss an appeal. We are not aware of any precedent or law authorizing the dismissal of an appeal on the ground that it is frivolous, and, therefore, this ground for dismissal is not sustained. It appears, however, from an inspection of the case, that the motion to amend the answer by adding the defence of the statute of limitations, the refusal of which motion is the ground of appellant’s first exception, was not made until after the testimony of plaintiff in chief and the testimony of defendant had closed, and was necessarily addressed to the discretion of the court. It…