Amory v. Amory

Supreme Court

Amory v. Amory

91 U.S. 356, 23 L. Ed. 436, 1875 U.S. LEXIS 1373

CourtSupreme Court of the United States

DecidedMarch 20, 1876

StatusPublished

Cited by5 cases

This text of 91 U.S. 356 (Amory v. Amory) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amory v. Amory, 91 U.S. 356, 23 L. Ed. 436, 1875 U.S. LEXIS 1373 (1876).

Pincite

Opinion

Mr.' Chief Justice Waite

delivered the opinion of ,the court.

We cannot dismiss a case on motion ¿imply because we may be of the opinion that it has been brought here for delay only. Both parties have the right to be heard on the merits; and one party cannot require the other to come to such a hearing upon a mere motion to dismiss. To dismiss-under such circumstances would be to decide that the case had no merits. Neither can we advance a cause for argument for the reason that we may think it has no merits.. Further argument may show the contrary.

We can adjudge damages, under sect. 1010 Rev. Stat. and rule 23, in all cases where it appears that a writ of error has been sued out merely'for delay. This gives us the only power we have tó prevent frivolous appeals, and writs of error; and we deem it not improper to say that this power will be exercised without hesitation in all cases where we find that our jurisdiction has been invoked merely to gain time.

Motion denied.

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