109 U.S. 180 - Evans v. Brown

The writ of error in this case was not made returnable on any particular day. This, if the defect is not cured by amendment, entitles the defendant in error to a dismissal; but the plaintiff in error asks leave, under the authority of section 1005, Rev. St., to amend the writ by inserting the proper return-day. That leave we grant, and therefore overrule the motion to dismiss; but, on looking into the record, we find the case was manifestly brought here for delay only. All the questions presented are so frivolous as not to need further argument. The motion to affirm is granted. Judgment affirmed.