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![handle is hein.slavery/ussccases0453 and id is 1 raw text is: Oct. 1875.] MORSELL ET AL. V. FMRST NAT. BANK. 357
ERIoR to the Supreme Court of the State of New York.
.Hr. M.H. Carpenter in support of a motion to advance and
dismiss the cause.
31r. George -F. .dmunds, contra.
Mn-. CB= JUsTicE WAITE delivered the opinion of the
court.
We cannot dismiss a case on motion simply because we may
be of the opinion that it has been brought here for delay only.
Both parties have the right to be heard on the merits; a4d one
party cannot require the other to come to such a hearing upon
a mere motion to dismiss. To dismiss under such circumstances
would be to decide that the case had no merits. Neither can
we advance a cause for argument for the reason that we may
think it has no merits. Further argument may show the con-
trarY.
We can adjudge damages, under sect. 1010 Rev. Stat. and
rule 23, in all cases where it appears that a writ of error has
been sued out merely for delay. This gives us the only power
we have to prevent frivolous appeals, and writs of error; and
we deem it not improper to say that this power will be exer-
cised without hesitation in all cases where we find that our
jurisdiction has been invoked merely to gain time.
.lotion denied.
MoRsMMl ET AL. V. Fn ST NATIONAL BAMX.
4. judgment at law is not a lien upon real estate in the District of Columbia,
which, before the judgment was rendered, had been conveyed to trustees
with a power of sale to secure the payment of the debts of the grantor de.
scribed in the deed of trust.
APPEAL from the Supreme Court of the District of Co.
lumbia.
The facts are stated in the opinion of the court.
Jr. . JT Johnson and Mr. B. IC BIliot for the appellants.
Mr. Enoch Totten, contra.](ViewImageLocal?handle=hein.slavery/ussccases0453&div=1&collection=&method=preview&ext=.png&size=3)