Supreme Court of the United States, 1876

Amory v. Amory

Supreme Court of the United States · Decided March 20, 1876 · Waite

91 U.S. 356; 23 L. Ed. 436; 1875 U.S. LEXIS 1373 (United States Reports)

Counsel

Mr. M. M. Carpenter in support of a motion to advance and dismiss the cause., Mr. Q-eorge F. Edmunds, contra.

Cases that cite this one

5 later published cases cite this decision.

Wilson v. Beard (2d Cir. 1928)
Deming v. Carlisle Packing Co. (Supreme Court of the United States 1912)
Doidge v. Cunard S. S. Co. (1st Cir. 1927)
Wilson v. Everett (Supreme Court of the United States 1891)
Dzialynski v. Bank of Jacksonville (Fla. 1887)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.