United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bank of Kentucky v. Wistar, Price & Wistar, 28 U.S. 3 Pet. 431 431 (1830)

Bank of Kentucky v. Wistar, Price & Wistar

28 U.S. (3 Pet.) 431

Syllabus

Where the clerk of the court had omitted to enter the judgment of this Court, allowing to the defendant in error, on the affirmance of the judgment of the circuit court interest at the rate of, six percentum per annum as damages, and the mandate of this Court, although issued, had not been presented to the circuit court, the Court ordered the judgment to be reformed, allowing interest at the rate of six percent. The omission is a mere clerical error.

It is a rule of this Court that where there are no special circumstances, six percent interest is allowed upon the amount of the judgment in the court below. Under special circumstances, damages to the amount of ten percent are allowed.

Mr. Vinton moved to amend the judgment of this Court rendered in this cause at the January term of 1829, 27 U. S. 2 Pet. 318, by giving to the defendants in error damages on the judgment at the rate of six percentum per annum, and that the judgment of the Court be so reformed.

Page 28 U. S. 432