Where the only apparent purpose for taking the appeal is to delay the requirement that the appellant pay money to the party that prevailed in the trial court, damages under ORS 19.160 will be awarded.

Although this court has not said so directly, an examination of the cases indicated that we have equated "lack of probable cause" with "frivolous" and "bad faith" with "for the purpose of delay."

"We believe that this is a proper instance to invoke*** for frivolous appeal, a penalty of 10 per cent*** for the reason that it is apparent that this appeal was taken for the purpose of delay and without any probable cause."

—the defendant appealed a $395.25 judgment from the district court to the circuit court to the Supreme Court, all on the basis that the denials contained in the reply were pregnant negatives.

[CITATION] Gus J. Solomon: Liberal Politics, Jews, and the Federal Courts