McNeill v. Railroad
Supreme Court of North Carolina
ActioN by W. H. McNeill against the Durham and Charlotte Railroad Company, heard by Judge G. W. Ward at the January Term, 1905, of the Superior Court of MooR,® County. Plaintiff recovered a judgment against defendant in the sum of $4,000 for injuries caused by its negligence and for costs. Defendant appealed to this court where the judgment was affirmed. There was no provision in the judgment for interest from the date of its rendition.
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ActioN by W. H. McNeill against the Durham and Charlotte Railroad Company, heard by Judge G. W. Ward at the January Term, 1905, of the Superior Court of MooR,® County. Plaintiff recovered a judgment against defendant in the sum of $4,000 for injuries caused by its negligence and for costs. Defendant appealed to this court where the judgment was affirmed. There was no provision in the judgment for interest from the date of its rendition. Dpon the certificate of this court, plaintiff moved in the court below for execution on the judgment and defendant moved that the case be retired from the…
1Opinion of the Court
Walker, J.,
after stating the facts: The question in this case is whether the plaintiff is entitled to interest on his judgment, nothing being said therein about interest. The contention of the defendant is that while by Section 530 of The Code it is provided that a judgment shall bear interest until paid, in order to do so it must be expressly stated in the judgment that it bears interest, by reason of the concluding words, namely, “and the judgment and ‘decree of the court shall be rendered according to this section.” In construing these words it is our duty to try to get at the real…
2Cases cited4 opinions
- Amis v. SmithSupreme Court of the United States · 1842
- State ex rel. Walsh v. VogelMissouri Court of Appeals · 1883
- Collais v. . McLeodSupreme Court of North Carolina · 1848
- Deloach v. . WorkeSupreme Court of North Carolina · 1824
3Cited by8 opinions
- Baxley v. Nationwide Mutual InsuranceSupreme Court of North Carolina · 1993
- Yancey v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1942
- City of Durham v. DavisSupreme Court of North Carolina · 1916
- Raleigh, Charlotte & Southern Railroad v. Mecklenburg Manufacturing Co.Supreme Court of North Carolina · 1914
- Baxley v. Nationwide Mutual InsuranceSupreme Court of North Carolina · 1993
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