Slocum, Appellant, vs. Carlton et al., Appellees

Slocum, Appellant, vs. Carlton et al., Appellees. (IN CHANCERY.) Whore the defendant in a mortgage foreclosure ease, interposes a frivolous demurrer, which is overruled, and then, on a decree made against him, appeals to the Supreme Court obviously for delay, and to vex and delay the complainant, but without having any merits reasonably to justify'him in the procedure, this Court will punish him in -ease the decree is affirmed, by decreeing tho payment of all costs and by applying the penalty of the Statute, of twenty-live per cent, interest, by way of damages on the sum decreed, until paid. This was an appeal from the late U. S. District Court for the County of Racine. The bill was filed for the foreclosure of a mortgage, to which the defendant, the appellant here, interposed a demurrer which was adjudged frivolous, and upon that brought his appeal to this Court. This Court regarding the procedure of the appellant as vexatious and for delay, and without any special equity on which to repose ,for justification, affirmed the decree made by the Court below and awarded damages. Evans for Appellant. Chatfiald for Appellees. [MAJORITY — Stow, C. J.] By the Court. Stow, C. J. The bill in this case was for the foreclosure of a mortgage; the defendant interposed a frivolous demurrer, which having been overruled, and he neglecting to answer, a decree pro confesso was taken. From this decree the defendant has appealed to this Court. I do not understand that it is pretended that the decree ought to be reversed; and the only question with us isr with what penalty it shall be affirmed. The appeal has evidently been brought, either for the purpose of annoying-the complainant, or for delay; and in either case, the defendant should be subjected to the highest penalty which we are authorized to impose. It may be a public benefit for parties to Understand, that if they will harass their opponents with vexatious litigation,, or if,'on speculation,, they- think it an object to avail themselves of what is called the law’s delay, they must do So at their peril.,, and expect no lenity from this Court. In this ease, the. Statute authorizes us to award twenty-five per centum damages and costs; and, with which, the decree is to be affirmed. Decree affirmed with twenty-five per 'cent, damages and costs.