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12 S.C.L. 503

Bonsall v. Taylor

Supreme Court of South Carolina

Decided November 15, 1821

Supreme Court of South Carolina · decided 1821-11-15

Tried before Mr. Justice Gantt, at Richland, Spring Term, 1821. This case exhibited two questions for the consideration of the court. 1st. Whether, in an action on a penal bond, the plaintiff can recover more than the penalty when the interest exceeds it ? 2d. If he cannot, whether he is not entitled to interest from the date of the judgment to the time of its satisfac- • tion ?

Decided 1821-11-15

Mr. Justice Johnson

¶1delivered the opinion of the court.

¶2The first question would perhaps furnish some room for speculation, as there is considerable diversity and perplexity in the authorities relied on. It is only important, however, that there should be a- known and established rule on the subject, and we are relieved from the necessity of investigating the question by the unanimous concur - *504renco or the ovan in the opinion that the plain tiff is nor entitled to recover more than the penalty of the bond.

Greggs for the motion.Star It, contra.

¶3On the second question also there is no difference of «pinion. The plaintiff is entitled, under the act of the legislature of 1815, to interest on his judgment, from its date up to the tinte of satisfaction, and to have his execution therefor: And in an action founded on such a judgment, he is also entitled to recover the interest.

¶4The motion in this case is therefore granted only so far ?s relates to the interest which accrued subsequent to the judgment.

| ustices Colcock, Nof.t, Richardson and Huger, concur red.
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