Cases Adjudicated Volume 10 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: ... Joshua Stafford vs. George W. Anders.--Opinion of Court. Joshua Stafford, Appellant, Vs. Geoege W. Anders, Appellee. 1. When a party pays the costs and flies his appeal bond, but takes no further steps towards prosecuting his appeal, and thereby causes considerable delay to the plaintiff in the collection of his judgment, it is a ease where damage may be given as for a frivolous appeal. 2. While the Supreme Court should be always open to receive and entertain causes diligently prosecuted before it for the purpose of justice, it should he very careful not to permit itself, eveu unintentionally, by a party, to be made the instrument of useless delay. Appeal from Hillsborough Circuit Court. Motion to docket the case and dismiss the appeal. James T. Magbee for Appellant. Gettis & Mitchell for Appellee. AVALKER, J., delivered the opinion of the Court. The counsel for appellee moved to docket and dismiss this cause, and filed a certificate of the clerk of the Circuit Court for Hillsborough county that an appeal had been taken, and also moved for damages as for a frivolous appeal. It appears from the certificate that the appellee recovered a judgment in the Court below on the 7th of April, 1859, for xl7l.SO and costs; that the appellant then applied for an appeal to the Supreme Court and paid the costs, and filed an appeal bond which was approved by the Judge; that Mr. Magbee, Attorney for appellant, on the 13th day of February, 1860, requested the clerk not to prepare a transcript of the record. It also appears from another certificate of the clerk, that on said 13th of February, 1860, Mr. Magbee ordered the appeal in this cause to be dismissed, and assigned to the clerk as his reason for said order, that when the appeal was taken the Judge of...