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

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

MOTION TO AMEND JUDGMENT

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

MR. CHIEF JUSTICE MARSHALL delivered the opinion of the Court.

In the case of the motion to amend the mandate, the Court directs the amendment to be made and the judgment of the court to be reformed allowing interest at the rate of six percent. The reason is that by a rule of this Court, when 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 awarded by the Court. The omission is deemed by this Court a mere clerical error.

On consideration of the motion made by Mr. Vinton, of counsel for the defendants in error in this cause on a prior day of this term to amend the judgment of this Court rendered in this cause at the January term of this Court in the year of our Lord 1829, to-wit, on 14 February of the said last mentioned year, by giving to the defendants in error in said cause on said judgment damages at the rate of six percentum per annum, it is ordered and adjudged by this Court that the said judgment of this Court of February 14, A.D. 1829, be reformed by the amendment of damages at the rate of six percentum per annum, so that the judgment read thus:

"It is adjudged and ordered by this Court that the judgment of the said circuit court in this case be and the same is hereby affirmed, with costs and damages at the rate of six percentum per annum."