United States v. Highsmith, 255 U.S. 170 (1921)

U.S. Supreme Court

United States v. Highsmith, 255 U.S. 170 (1921) United States v. Highsmith

No. 148

Argued January 17, 18, 1921

Decided February 28, 1921

255 U.S. 170

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

Decided on the authority of United States v. Rogers, ante, 255 U. S. 163.

257 F. 401 affirmed.

The case is stated in the opinion.

MR. JUSTICE DAY delivered the opinion of the Court.

This case is like United States v. Rogers, No. 147, ante, 255 U. S. 163, and was argued and submitted at the same time.

In this instance, the government and the landowner appealed from the award of the commissioners, and the case was tried to a jury. Jurors were instructed that the allowance of interest was a matter of law, and, in a form

Page 255 U. S. 171

of verdict given to them, interest at 6 percent was to be added from April 19, 1912, the date of appropriation.

It appears that, by agreement, a separate order requiring the deposit of interest was entered in order to allow a writ of error upon that point, and in connection with the above form of verdict the jurors were instructed to assess compensation as of the value of the land on April 19, 1912, and not to add interest from that time to the date of the verdict. Afterwards, a final judgment was entered in the district court requiring a deposit of the amount of the verdict, and a separate order was made directing payment of interest from April 19, 1912. A writ of error was prosecuted from the circuit court of appeals, where the judgment of the district court was affirmed. 257 F. 401.

The circuit court of appeals recited the facts of the case, and held that it was ruled by United States v. Rogers, ante, 255 U. S. 163. We agree with this conclusion, and the judgment of the circuit court of appeals is

Affirmed.