Where a judgment or decree was affirmed on a writ of error,
there can be no allowance of damages but for delay.
Damages for delay amounting to eight percentum allowed.
Page 3 U. S. 303
Writ of Error to the Circuit Court for the District of Georgia
to remove the proceedings and decree in an admiralty cause. At the
last term, the decree of the circuit court had been affirmed with
costs, subject to the opinion of the court whether any and what
damages shall be allowed on the affirmance. On arguing this
question at the present term, it appeared, that the libel prayed
for restitution "and all the damages and costs that have arisen by
occasion of the premises" that the decree of the circuit court
awarded restitution, "and that the defendants do pay all the
expenses of this suit," and that the circuit court affirmed the
decree of the district court generally. When the decree of the
circuit court was affirmed here, the counsel for the plaintiff
suggested that he was entitled to damages and urged the Court to
sanction some mode of assessing them. This proposition, however,
was rejected, and therefore the plaintiff in error applied to the
circuit court, where the presiding judge was in favor of appointing
auditors; but the district judge dissented from the opinion. Under
these circumstances, the plaintiff in error, with notice to the
defendant, engaged some respectable citizens to value and certify
the damages, and his counsel, Reed (of South Carolina), now offered
his certificate as the measure proper to be adopted by the court,
urging that if the proceeding was deemed irregular, further time
might be allowed to ascertain the proper remedy for an evident
right.
Page 3 U. S. 304
After advisement, THE CHIEF JUSTICE delivered the opinion of the
Court that where a judgment or decree was affirmed on a writ of
error, there could be no allowance of damages but for the delay,
and thereupon the following order was made in this cause:
By the Court. It is ordered that the defendant in error recover
as damages against the plaintiff in error the sum of $3,515.11,
being the interest on $34,841.55, the amount of the sales of the
brig
Everton and her cargo from 5 May, 1795, the date of
the decree of the circuit court in the said cause, being 1 year, 3
months and 4 days, at the rate of 8 percent per annum, and also
that the said plaintiff in error do pay the costs accrued in this
cause since the last term. And a special mandate is awarded to
carry this order into execution.
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