
    The Eagle Manufacturing Company et al., plaintiffs in error, v. Charles Wise, defendant in error.
    (Atlanta,
    January Term, 1873.)
    1. Damages — -Case Brought for Delay — Where, in view of the previous rulings of the Supreme Court, it appears that a case was brought up merely for delay, damages will be awarded. (R.)
    
      2. Same — Writ of Error — Withdrawal of. — Where plaintiff in error seeks to withdraw the writ of error, the record will be opened, on motion of defendant in error, for the purpose- of hearing his claim for damages. (R.)
    Damages. Practice in Supreme Court. Before the Supreme Court. January Term, 1873.
    This case came up on writ of error from Muscogee county. When it was called in its order on the docket, counsel for plaintiff in error asked leave to withdraw the writ of error. Counsel for defendant in error objected, and moved that the *record be opened for the purpose of awarding damages on the ground that the case had been brought up for delay only. The record was opened and the question as to damages argued.
    Henry L. Benning, for plaintiffs in error.
    Peabody & Brannon, for defendant.
   Warner, Chief Justice.

In this case the plaintiff made a motion to withdraw his writ of error. The defendant in error objected, and made a motion to'open the record for the purpose of claiming damages. On looking through the record in this case we are of the opinion, in view of the previous rulings of this Court, that this case was brought here for delay only. We therefore affirm the judgment of the Court below, with ten per cent, damages, as provided by the 4221st section of the Code.  