¶1 The Circuit Court erred in allowing the twelve and a half per cent. The proper course to have been pursued would have been for the appellee to have taken a judgment for the amount of what he recovered in the Circuit Court without any interest, or to have released down to the sum he recovered in the County Court, and take a judgment for that amount with the twelve and a half, per cent. This rule, however, only applies to those cases where the excess is produced by a calculation of the interest on the plaintiff’s account. The Legislature did not intend that the party should have eighteen and a half per cent.
¶2 The judgment must therefore be reversed.