Page:Federal Reporter, 1st Series, Volume 8.djvu/128

114 FEDERAL REPORTER. �the main judgment. Now, what are the special damages ? Section 1010 of the Revised Statutes reads : �" Where, iipoii a writ of error, judgment is afflrmed in the supreme court or a circuit court, the court shall adjudge to the respondents in error just dam- ages for his delay, and single or double costs, at its discretion." �Section 2 of rule 23 reads: �" In all cases where a writ of error shall delay the proceedings on the judg- ment of the inferior court, and shall appear to have been sued out merely for delay, damages at the rate of 10 per cent., in addition to interest,. shall be awarded upon the amount of the judgment." �It seems very doubtful to me if, under the above rule, any damages may Be awarded by the supreme court in any case where there is no direct appeal from a money judgment. Under a similar rule in the state of Louisiana, (C. P. 907,) it lias been always held that no dam- ages could be awarded except on nioneyed judgments. 19 Ann. Bep. 327; 13 Ann. Eep. 365. • �No adjudicated cases under the federal rule have corne under my notice; and at all events, in these cases under consideration, if defendants in error are secured for costs and these possible special damages, they are entirely secure, and have no cause io complain. One hondred and fifty dollars will secure the costs — double costs, if adjudged. Ten per cent, on the amount of the original judgment will secure all damages awarded for a frivolous appeal. Any bond required for a larger amount would be an unnecessary hardship for the eity, and without benefit to the defendants in error, savo in a way scarcely legitimate, — that of deterring the city from seeking a higher court. In addition to all this, counsel for the plaintififs in error admits that the supreme court may at once, on filing the record, pass on the question and rectify what is here ordered amiss. �Let the bonds in the cases of mandamus against the city of New Orleans, wherein the matter in dispute exceeds the sum of $5,000, exclusive of costs, and wherein writs of error are applied for and a ^upersedeas asked, be fixed at the sum of $150, plus 10 per cent, of the amount of the judgment or judgments sought to be stayed. Where no supersedeas is asked let the bond be in the sum of $150. �Some fourteen cases are covered by the above decision. ��� �