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The Eagle Manufacturing Company, in error v. Charles Wise, in error
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.