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WHITNEY v. COOK

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99 U.S. 607 (1879)

25 L.Ed. 446

WHITNEY, v. COOK.

Supreme Court of United States.

April 21, 1879.

Attorney(s) appearing for the Case

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...

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