Rule of Pilcher v. Anderson
Supreme Court of Louisiana
^PPEAL from the Parish Court, parish of East Carroll. DuBose, AH, debts bear interest at five per cent from maturity, whether expressed or not. R. C. C. 1938; 15 An. 465. A judgment is a debt, and one of the highest character, and hence should bear interest, whether it is expressed in the judgment or not.
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^PPEAL from the Parish Court, parish of East Carroll. DuBose, AH, debts bear interest at five per cent from maturity, whether expressed or not. R. C. C. 1938; 15 An. 465. A judgment is a debt, and one of the highest character, and hence should bear interest, whether it is expressed in the judgment or not. Inasmuch as creditors of successions can only obtain payment after certain delays, interest-should be allowed on tbeir claims from the death of the debtor, or from the maturity of the debt. C. P. 959. A judgment creditor forms no exception to this rule. Ho interest can be recovered on a…
1Opinion of the Court
The opinion oí the Court was delivered by
Fenner, J.
The only serious question involved in this case is one of law, viz: Whether-intere'st can be collected on a judgment for money, which, by its terms, is silent as to interest.
At common law, judgments did not draw interest.
In some States, statutes have been passed providing that interest should run and be collectible on all judgments for money.
In an action on a j udgment rendered by a court of a sister State it is held that interest thereon cannot be recovered in absence of proof of the existence of such statute.
Thompson vs. Monrow, 2 Cal. 99.
Th…
2Cases cited6 opinions
- Kramer v. RebmanSupreme Court of Iowa · 1859
- Thompson v. MonrowCalifornia Supreme Court · 1852
- Gustine v. Union BankSupreme Court of Louisiana · 1845
- Janes v. RichardSupreme Court of Louisiana · 1832
- Bach v. TwogoodSupreme Court of Louisiana · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Smith v. Quarles Drilling Co.Supreme Court of Louisiana · 2004
- Miller v. MillerSupreme Court of Louisiana · 1975
- Viser v. ViserSupreme Court of Louisiana · 1962
- Bailey v. Louisiana N.W.R. Co.Supreme Court of Louisiana · 1925
- Houston Oil Field Material Co. v. Pioneer Oil & Gas Co.Louisiana Court of Appeal · 1970
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