Bank of Kentucky v. Wistar, Price, & Wistar
Supreme Court of the United States
Mr Vinton moved to amend the judgment of this court rendered in this cause at the January term of 1829; 2 Peters, 318; by giving to the defendants in error* damages on the judgmentjat the rate of six per centum per annum, and that the judgment of the court be so reformed. Mr Vinton stated, that the mandate, though issued, had never been presented to the circuit court, and it was now in this court.
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Mr Vinton moved to amend the judgment of this court rendered in this cause at the January term of 1829; 2 Peters, 318; by giving to the defendants in error* damages on the judgmentjat the rate of six per centum per annum, and that the judgment of the court be so reformed. Mr Vinton stated, that the mandate, though issued, had never been presented to the circuit court, and it was now in this court. Under these circumstances, and as the omission was a mere clerical error, he hoped the motion would prevail.
1Opinion of the CourtChief Justice Marshall
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 pér cent. The reaspn is, that by a rule of.this court, when there are no,special circumstances, six per cent, interest is- allowed'upon the amount of.the judgment in the court below; under special circumstances, damages to the amount of ten per cent, 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…
2Cited by33 opinions
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