Southern Seating Co. v. Community Burial Service ( 1928 )

WESTERFIELD, J.

(Opinion contained in syllabus above.)

This is a suit on an open account. No brief was filed and no appearance was made in this court on behalf of defendant. Appellee asks for damages for frivolous appeal. We believe the damages claimed are due since there seems to be no serious defendant.

The judgment appealed from will be affirmed with 10 per cent damages for frivolous appeal.