Heney v. Alpers

Citations

• 2 Cal. Unrep. 164

Syllabus

<p>Appeal—Frivolous and for Delay Only—Damages as Penalty.— An appeal from a judgment in an action on a bond, given to release an attachment, where a demurrer to the complaint, which complaint alleged each step in the former action, the judgment, refusal of the defendant to pay same, and that it was still unpaid, and prayed accordingly, was overruled, and, upon an answer being then filed pre-</p> <p>seating as the sole issue the recovery of the judgment, the court found for the plaintiff, is so plainly without merit that it must have been taken for delay only, wherefore the supreme court, while confirming the judgment appealed from, adds twenty per cent damages.</p>