James Clark McReynolds

“ In all cases where an appeal delays proceedings on the judgment of the lower court, and appears to have been sued out merely for delay, damages at a rate not exceeding 10 per cent., in addition to interest, may be awarded upon the amount of the judgment. ”

“ Together those cases determine that, where a writ of error or appeal is dismissed because the alleged ground therefor is so unsubstantial as to be frivolous, a penalty may be imposed. In the first cited case, writ of error to state court, penalty of 5 per centum was imposed upon the plaintiff in error; in the second, an appeal from federal court, the appellant was subjected to penalty of $1,500 and required to pay the costs. ”

“ Under the Act of February 13, 1925, amending Judicial Code, § 240 (b) , 28 USCA § 347 (b) , appeals to this court from Circuit Courts of Appeal lie only from final judgments or decrees (Martinez v. International Banking Corp., 220 U.S. 214, 223, 31 S.C.t. 408, 55 L. Ed. 438; Collins v. Miller, 252 U.S. 364, 370, 40 S.C.t. 347, 64 L. Ed. 616) in cases where the validity of a state statute is drawn in question on the ground of repugnance to the Constitution, treaties, or laws of the United States, and the decision is against its validity. ”