Nautilus Operating Co. v. Donald S. Lavigne, Inc.

DREW, E. HARRIS, Associate Judge,

(concurring specially).

For more than one hundred years the statutes of this state have authorized the appellate courts to assess damages against appellant, not exceeding ten per cent, where an appeal has been taken against good faith or merely for delay.1 Numerous cases of the Supreme Court over a long period of years have upheld this statute.2

An examination of the record in this case fails to disclose any merit whatever to this appeal; on the contrary, the record establishes by a cursory examination that it has been prosecuted solely for the purpose of delay…