Back to Main Page / Back to List of Rules

Rule 438. Affirmance With Damages for Delay

TEXT

Where the court shall find that an appeal or writ of error has been taken for delay and that there was no sufficient cause for taking such appeal, then the appellant, if he be the defendant in the court below, shall pay ten per cent on the amount in dispute as damages, together with the judgment and interest and costs of suit thereon accruing.

Source: Art. , 1860, unchanged.

Oct. 29, 1940, eff. Sept. 1, 1941.

Repealed by order of April 10, 1986, eff. Sept. 1, 1986.