Opinion

Evans v. Brown

  • 109 U.S. 180
Court
Supreme Court of the United States
Filed
Jul 1, 1883
Status
Published
Author
Waite
On the bench
Waite
Cited by
8 cases
Authority
More cited than 79.1%

The opinion

Mr. Chief Justice Waite

delivered the opinion of the court.

The writ of error in this case was not made returnable on any particular day. This, if the defect is not cured by amendment, entitles .the defendant in error to a dismissal, but the plaintiff in error asks leave, under the authority of sec. 1005, Rev. Stat., to amend the writ by inserting the proper return day. That leave we grant, and therefore overrule the motion to dismiss, but on looking into the record we find the case was manifestly brought here for delay only. All the questions presented are so frivolous as not to need further argument. The motion to affirm is granted.

Judgment affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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