Whitney v. Cook

Decision Date01 October 1878
Citation99 U.S. 607,25 L.Ed. 446
PartiesWHITNEY v. COOK
CourtU.S. Supreme Court

ERROR to the Circuit Court of the United States for the Southern District of Mississippi.

Motion to affirm the judgment of the court below.

Mr. Philip Phillips in support of the motion.

Mr. Thomas J. Durant, contra.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

This is a motion to affirm only. Our amended Rule 6 allows a motion to affirm to be united with a motion to dismiss. This implies that there shall appear on the record at least some color of right to a dismissal. That is not pretended in this case. We are therefore compelled to deny the motion. Our experience teaches that the only way to discourage frivolous appeals and writs of error is by the use of our power to award damages, and we think this a proper case in which to say that hereafter more attention will be given to that subject, and the rule enforced both according to its letter and spirit. Parties should not be subjected to the delay of proceedings for review in this court without reasonable cause, and our power to make compensation to some extent for the loss occasioned by an unwarranted delay ought not to be overlooked.

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20 cases
  • Clark v. C.I.R., 83-2483
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • October 5, 1984
    ...65 L.Ed.2d 488 (1980); Link v. Wabash R. Co., 370 U.S. 626, 632, 82 S.Ct. 1386, 1389, 8 L.Ed.2d 734 (1962); Whitney v. Cook, 99 U.S. (9 Otto) 607, 25 L.Ed. 446 (1878). In addition, Fed.R.App.P. 38 and 28 U.S.C. Sec. 1912 provide that a court of appeals may award just damages and single or d......
  • Mullen v. Household Bank-Federal Sav. Bank, BANK-FEDERAL
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • February 10, 1989
    ...65 L.Ed.2d 488 (1980); Link v. Wabash R. Co., 370 U.S. 626, 632, 82 S.Ct. 1386, 1389, 8 L.Ed.2d 734 (1962); Whitney v. Cook, 99 U.S. (9 Otto.) 607, 25 L.Ed. 446 (1878). In addition, Fed.R.App.P. 38 and 28 U.S.C. Sec. 1912 provide that a court of appeals may award just damages and single or ......
  • Atkinson v. O'Neill, 88-1132
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • February 10, 1989
    ...65 L.Ed.2d 488 (1980); Link v. Wabash R. Co., 370 U.S. 626, 632, 82 S.Ct. 1386, 1389, 8 L.Ed.2d 734 (1962); Whitney v. Cook, 99 U.S. (9 Otto.) 607, 25 L.Ed. 446 (1878). In addition, Fed.R.App.P. 38 and 28 U.S.C. Sec. 1912 provide that a court of appeals may award just damages and single or ......
  • City of Chanute v. Trader
    • United States
    • U.S. Supreme Court
    • November 25, 1889
    ...or that the question on which the jurisdiction depends is so frivolous as not to need further argument.' At the same term, in Whitney v. Cook, 99 U. S. 607, this court, speaking by Chief Justice WAITE, said that the rule implied that there should appear on the record 'at least some color of......
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