Bank of Kentucky v. Wistar, Price, & Wistar

Supreme Court

Bank of Kentucky v. Wistar, Price, & Wistar

28 U.S. 431, 7 L. Ed. 731, 3 Pet. 431, 1830 U.S. LEXIS 549

CourtSupreme Court of the United States

DecidedMarch 18, 1830

StatusPublished

Cited by35 cases

This text of 28 U.S. 431 (Bank of Kentucky v. Wistar, Price, & Wistar) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bank of Kentucky v. Wistar, Price, & Wistar, 28 U.S. 431, 7 L. Ed. 731, 3 Pet. 431, 1830 U.S. LEXIS 549 (1830).

Pincite

Opinion

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 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 error, in this cause, on a prior day of this term, to amend the judgment of this court ren-' dered in this cause at the January term of this court in the. year of our Lord 1829 : to wit, on the 14th day of February of the said last mentioned year, by giving to the defendahts, in error in said causé on said judgment damages at the rate Of six per centum 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 per centum per ánnum, 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 per centum per annum-

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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 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 error, in this cause, on a prior day of this term, to amend the judgment of this court ren-' dered in this cause at the January term of this court in the. year of our Lord 1829 : to wit, on the 14th day of February of the said last mentioned year, by giving to the defendahts, in error in said causé on said judgment damages at the rate Of six per centum 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 per centum per ánnum, 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 per centum per annum-

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Bluebook (online)

28 U.S. 431, 7 L. Ed. 731, 3 Pet. 431, 1830 U.S. LEXIS 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-kentucky-v-wistar-price-wistar-scotus-1830.

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