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4 S.C.L. 99

Lambkin v. Nance

Supreme Court of South Carolina

Decided November 15, 1806

Supreme Court of South Carolina · decided 1806-11-15

Assumpsit on a judgment rendered in Virginia. The proceedings of the court in which the judgment was given, stated a verdict in these words : “ We, the jury, find for the plaintiff nine pounds da. mages, with interest from the 15th December, 1783, till paid.” The judgment was in these words : “ Therefore, it is considered by the court, that the plaintiff recover against the said defendant his damages aforesaid, by the jury in form aforesaid assessed, together with his costs.

Decided 1806-11-15

Gkimke, J-,

¶1delivered the opinion of the court, all the judges present. 1. That assumpsit, or debt, at the election of the plaintiff, may be brought on a judgment rendered in another of the United States. Seethe case of Hammon and Hathaway v. Smith, 1 vol. Brevard’s Reports, p. 110. 2. That the accumulated sum recovered and ascertained by the judgment, in Virginia, including the costs, is entitled to carry interest; the whole being due by judgment. 3. That no interest can be allowed on the'costs, which are payable in tobacco, there being no standard by which interest can be calculated, but the value, of the tobacco ought to be allowed as part of the.()udgmeiit. 4. That five per cent, being the rate of interest in Virginia, ought to be allowed, and not the rate of interest in this State.

¶2Nonsuit set aside, and new trial granted.

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