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18 Colo. 287

Bates v. Wilson

Supreme Court of Colorado

Decided January 15, 1893

Supreme Court of Colorado · decided 1893-01-15

<p>1. Judgments — Interest.</p> <p>Under the statute (Mills’ An. Stat., sec. 2252) a judgment draws interest; from the day of entry until satisfaction.</p> <p>2. Interest on Costs.</p> <p>Costs are á part of the judgment and draw interest accordingly.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1893-01-15

How this case has been cited

Cited by 4 later decisions — most recently November 1989

4 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1This is an application for a rule on the clerk of this court to issue an alias execution, for interest upon a judgment for costs. The facts, in brief, are as follows :

¶2On January 20, 1890, final judgment was entered in this cause, in this court, reversing the judgment of the district court, and awarding costs to appellant. Some time in October, 1892, an execution was issued by the clerk of this court *288for the amount of these costs. Appellees subsequently paid the costs; the parties agreeing at the time that the question of interest should be left for consideration and determination by this court.

¶3After the return of the execution, an application was made to the clerk for an alias execution for the amount of the interest claimed upon the judgment. The clerk being uncertain as to his duty in the premises, refused to issue such execution.

¶4Afterwards a rule to show cause was entered, at the instance of appellant. The clerk, for answer, demurs to the petition.

¶5The question presented is, does a judgment for costs bear interest? The answer must be gathered from the statute. It provides that judgments shall draw interest from the day of entry “until satisfaction of said judgment be made.” There is no distinction made by the statute regarding the kind of judgments that shall draw interest, and we see no reason why such distinction should be made by the court. The costs are a part and portion of the judgment, and should draw interest accordingly.

¶6The demurrer is overruled, and the execution ordered.

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