In re Washington & Georgetown R. Co.,
140 U.S. 91 (1891)

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U.S. Supreme Court

In re Washington & Georgetown R. Co., 140 U.S. 91 (1891)

In re Washington & Georgetown Railroad Company

No. 8, Original

Argued April 13-14, 1891

Decided April 27, 1891

140 U.S. 91



A judgment in an action of tort, for damages and costs, was rendered in the Supreme Court of the District of Columbia at special term. It was affirmed by the general term, with costs. The latter judgment was

Page 140 U. S. 92

affirmed by this Court, with costs. Nothing was said about interest in either of the three judgments. On the presentation of the mandate of this Court to the general term, it entered a judgment for the payment of the judgment of the special term, with interest on it at the rate of six percent per annum from the time it was originally rendered. Held that the judgment on the mandate should have followed the judgment of this Court, and not have allowed interest.

As the amount of the interest was not large enough to warrant a writ of error, the proper remedy was by mandamus, there being no other adequate remedy and there being no discretion to be exercised by the inferior court.

This Court does not decide whether a judgment founded on tort bears or ought to bear interest in the Supreme Court of the District of Columbia from the date of its rendition.

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