Prentice v. Pickersgill
Supreme Court of the United States
Error to the Circuit Court for the Western District of Pennsylvania. The twenty-third rule of this court declares that “in all cases where a writ of error shall delay the proceedings on the judgment of the inferior court, and shall appear to have be.en sued out merely for delay, damages shall be awarded at the rate of ten per centum per annum on the amount of the judgment; and the said damages shall be calculated from the date of the judgment in the court below until the…
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Error to the Circuit Court for the Western District of Pennsylvania. The twenty-third rule of this court declares that “in all cases where a writ of error shall delay the proceedings on the judgment of the inferior court, and shall appear to have be.en sued out merely for delay, damages shall be awarded at the rate of ten per centum per annum on the amount of the judgment; and the said damages shall be calculated from the date of the judgment in the court below until the money is paid.” With this rule in force Prentice sold to Pickersgill a lot of ground having a mortgage of $5000 on it;…
1Opinion of the Court
The CHIEF JUSTICE:
The writ of error in this case was sued out merely for delay. The judgment will therefore be affirmed under the twenty-third rule, with ten per centum damages on the amount of the judgment below.
Affirmed accordingly.
Note.
At the close of the term another case, The Chicago City Railway Co. v. Bour, a suit brought by a passenger against a railroad company to recover damages for an injury done to him, by reason of the negligence of their servants in running one of their cars, was affirmed with like damages, there having been no exception to the rulings or instructions of the…
2Cited by9 opinions
- Town of South Ottawa v. PerkinsSupreme Court of the United States · 1877
- In Re DuncanSupreme Court of the United States · 1891
- Rogers v. StateSupreme Court of Arkansas · 1904
- Portland Gold Mining Co. v. DukeCourt of Appeals for the Eighth Circuit · 1908
- Southern Building & Loan Ass'n v. CareyU.S. Circuit Court for the District of Western Tennessee · 1902
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