Bromley v. Lippincott
This text of 39 A. 220 (Bromley v. Lippincott) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The act of 1897, last clause of sec. 21, under which this rule was granted, is a substitute for the Act of May 25, 1874, P. L. 227, and provides as follows; “ In all cases where the appellate court shall be of opinion that the appeal was sued out merely for delay, it shall award, as further costs, additional attorney’s fees of $25.00 and damages at the rate of six per centum per annum in addition to legal interest.”
This case appears to come clearly within the mischief intended to be remedied by the clause of section 21 above quoted. [465]*465If properly enforced this act will have a wholesome effect in preventing frivolous appeals that are too frequently “ sued out merely for delay.” The rule is therefore made absolute and penalty awarded as provided by the act.
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Cite This Page — Counsel Stack
39 A. 220, 184 Pa. 462, 1898 Pa. LEXIS 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bromley-v-lippincott-pa-1898.