Eagle Lumber & Supply Co. v. Robertson

The appellant recovered a judgment in the court below against the appellee for a sum of money, but, being dissatisfied with the amount thereof, brought the case to this court.

On a former day of this term, the decree of the court below was affirmed, and a motion is now made by the appellee to correct the judgment of affirmance by adding thereto a judgment against the appellant for five per cent of the amount of the judgment appealed from. The motion is based on section 3387, Code of 1930, which provides that: “In case the judgment or decree of the court below be affirmed, or the appellant fail…