Dzialynski v. Bank of Jacksonville

The appellee moves for an affirmance of the decree appealed from on the ground that the appeal was taken merely for delay, and asks that he be allowed the damages authorized in cases of frivolous appeals.

The statute (sec. 14, p. 842, McC.’s Dig.) provides that whenever it shall appear to the Supreme Court that an appeal has been taken merely for delay, the said court may assess damages, not exceeding ten per cent., for said frivo*45lous appeal. If the appeal has been taken merely for delay it is frivolous within the meaning of the statute, and we may inflict damages within the limit prescribed.…