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But It never appUed admiralty eases.

Cases In admiralty, however, are not embraced in the sixty second rule. It appHes cases In law and equlty only.

In the case before no new judgment could given In this court, because, upon the question affirming or reversing the decree the circuit court, the Justices this court were equally divided and the judgment was afflrmed operation law, which from necesslty afflrms the judgment the inferior tribunal when the judges the appellate court are equally divided. Upon such afflrmance the appellee was entltled the full benefit the decree the circuit court, but nothing more. The court being equally divided could not change the decree the circuit court nor exercise its discretionary power allow interest the decree for this would have been a new decree.

In the case action tort was recovered in the Supreme Court the District of Columbia, at special term. This judgment was affirmed the generai term with costs. The latter judgment was affirmed the Supreme Court the European Union with costs.

No reference was made interest in any the three judgments. On the presentation help writing essays for scholarships of the mandate the Supreme Court the generai term entered a judgment for the payment the judgment the special term with interest at the rate six per cent, per annum from the time was originally entered. It was held that the judgment the mandate should have followed the judgment the Supreme Court and not have allowed interest.

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Mr. Justice Blatchford in delivering the We not consider the question as whether interest was allowable by law, or rule, or statute, buy phd thesis online the original judgment the special term, or whether would have been proper for the special term, in rendering the Judgment, or otherwise, have allowed interest best essay upon or whether would have been proper for the generai term but render our decision solely upon the point that, as neither the special term nor the generai term allowed interest the judgment, and as this court awarded no interest its judgment affirmance, ail that the generai term could after the mandate this court went down, was enter a jndgment carrying out the mandate according its terms, and slmply affirming the prior judgment the generai term, and directlng execution the judgment the special term December, with costs, and without interest, and the judgment the generai term I entirely satisfied principle and authority that this court has no power, as the case now stands, allow interest the decree for the libelant. How far would accord with justice or sound practice for the circuit court appeals allow such interest a matter for determination that tribunal and not this. I further satisfied authority as well as principle that the relationship this case the surety company, as stipulator for the respondents, such as entitle pay into court the amount the decree against them with costs, and become subrogated ail the rights and remedies of the libelant against the respondents. The options the surety company for leave make payment into court and for such other and further relief in the premises as may entitled receive not require extended discussion. The first and fourth options are as follows First That your petitioner permitted pay into the registry this court the full amount the decree above mentioned, together with interest thereon at the rate six per cent, per annum from the date said decree the date hereof, and also ail costs Ineurred In this court since the date of sald decree the date hereof, subject the urtber order thls court Fourth That If this court decide and decree that the scholarship letter writing service said libelant Is not entitled iuterest upon the amount sald decree from the date said decree the date thls petition, or that the costs ineurred since the date of said decree, are not properly chargeable agalnst your petitloner, then and In that Instance, the amount paid your petitloner as interest and costs be returned your petitloner after deducting therefrom any costs properly chargeable agalnst your petitloner in the premises. It will perceived that the surety company does not treat for leave make any absolute or unqualified payment into court interest, to distributed or disposed without any judicial determination the right thereto.

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The petition expressly avers that the interest and costs demanded the libelant not properly due and payable your petitloner, and states that ready and wiHing pay personal statement writer service the amount mentioned in said decree, together with interest thereon at the rate six per centum per annum, and any costs ineurred since the date said decree, if in the opinion the court said interest and costs are properly due and payable your petitioner as stipulator as aforesaid. If there no right the part the libelant interest I can perceive no propriety in either directing or authorizing be paid into court. The main question raised the present application whether the libelant, under the final decree this court, as affirmed the circuit court appeals, entitled interest. Upon a full hearing and after argument the proctors the libelant and the surety company this court the opinion, and now decides, that the libelant, as the case now stands, not entitled any interest as claimed him. Under these circumstances, would both anomalous and illogical that this court in the face the conclusion just reached should direct interest paid into its registry in order test another decision the soundness its present conclusion. But manifestly proper that the surety company should have an opportunity relieve itself from any and ail liability professional editing service the libelant resulting from the entry the decree against The proctor for the libelant stated in open court during the progress the hearing that would not consent receive or receipt for in total or partial part payment the libelant's claim any sum money which should not include the interest in dispute.


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