
    Slocum v. Carlton et al.
    1. Feivolous appeal — practice.—Where the defendant in a foreclosure case, interposed a frivolous demurrer, and upon the overruling of which and the rendition of a decree against him, appealed to the supreme court, obviously without merits, and for the purpose of vexing and delaying the complainant; upon affirmance of the decree the court will decree not only all costs against him, but the statute penalty of the payment of twenty-five per cent, interest on the sum decreed until paid.
    (1 Ghand. 165.)
    APPEAL from the late District Court for Racine County.
    The bill was filed for the foreclosure of a mortgage, to which the defendant (the appellant here) interposed a demurrer which was adjudged frivolous, ana upon that brought his appeal to this court. This court regarding the procedure of the appellant as vexatious and for delay, and without any special equity affirmed the decree made by the court below, and awarded damages.
    
      
      E. W. Evans, for appellant.
    
      A. G. Ghatfield, for appellees.
   Stow, C. J.

Tbe bill in this case was for tbe foreclosure of a mortgage ; tbe defendant interposed a frivolous demurrer, which having been overruled, and be neglecting to answer, a decree jyro confesso was taken. From this decree tbe defendant has appealed to this court.

I do not understand that it is pretended that tbe decree ought to be reversed, and tbe only question with us is, with what penalty it shall be affirmed. Tbe appeal has evidently been brought, either for tbe purpose of annoying tbe complainant, or for delay, and in either case tbe defendant should be subjected to tbe highest penalty which we are authorized to impose. It may be,a public benefit for parties to understand, that if they will harass their opponents with vexatious litigation, or if, on speculation, they think it an object to avail themselves of what is called the law’s delay, they must do so at their peril and expect no lenity from this court. In this case the statute authorizes us to award twenty-five per cent, damages and costs, and with which the decree is to be affirmed.

Decree affirmed, with twenty-five per cent, damages and costs.  