Tennessee Superior Court for Law and Equity, 1804

Nichols v. Colvill

Tennessee Superior Court for Law and Equity · Decided September 6, 1804 · Accorded, Campbell, Overton, White

1 Tenn. 81

Counsel

WILKINSON, for the appellee, stated that the appeal was brought up to this court by the appellee, since the expiration of the time allowed by law to the appellant to file the transcript in the clerk's office of this court, which is fifteen days before the commencement of the term. Under the act which declares that if the appellant shall fail to prosecute his appeal, or the judgment below shall be affirmed, the appellant shall pay twelve and a half per cent, it was moved that the judgment be rendered here for the amount recovered below, with the percentage allowed by law, in consequence of the appellant's failing to prosecute his appeal.

Addendum

The Act of 1803, after providing that judgments shall carry interest, directs that the clerk shall indorse on the execution the day of rendering the judgment, so as to enable the sheriff to calculate and receive interest. After the appeal was entered in the County Court the judgment there ceased to exist. The judgment here is for the amount below with twelve and a half per cent interest. Let judgment be entered for this aggregate sum, upon which the act will give interest.

CAMPBELL and OVERTON, JJ., accorded.

NOTE — This case is cited in Dossett v. Miller, 3 Sn. 74, upon the question of the effect of an appeal, a subject considered in the note to Suggs v. Suggs, ante, 2. — ED.

Opinion of the Court

The appellant had a right until fifteen days before the commencement of this term to prosecute his appeal; he failed, and could not afterwards do it.

The appellee, having brought it up, is entitled as of course, to the judgment prayed for, with his percentage.

WILKINSON then moved that the clerk of this court be directed, under the authority of an act passed November 7, 1803, c. 6, entitled "An act directing the mode of entering judgments in the courts of record within this State and for other purposes," to state when the judgment was rendered below, so as to enable the sheriff to collect the usual interest of six per cent, under the general provision of that act which directs that all judgments shall carry interest until paid.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.