Ex parte Washington & G. R. Co

Decision Date27 April 1891
Citation140 U.S. 91,35 L.Ed. 339,11 S.Ct. 673
PartiesEx parte WASHINGTON & G. R. Co
CourtU.S. Supreme Court

Enoch Totten and S. D. Davidge, for petitioner.

W. A. Cook, C. C. Cole, W L. Cole, and A. L. Merriman, for respondent.

BLATCHFORD, J.

On the 16th of January, 1884, Lewis H. McDade brought an action at law in the supreme court of the District of Columbia against the Washington & Georgetown Railroad Company, to recover damages for personal injuries alleged to have been inflicted upon him in consequence of the negligence of the employes of the company, and of the unfit character and condition of the machinery used in the shops of the company where McDade was employed at the time he sustained the injuries. The cause was put at issue, and a trial was had before a jury, which resulted in a verdict for the plaintiff, on the 18th of December, 1885, for $6,195. Upon that verdict a judg- ment was entered on the same day, in special term, that the plaintiff recover against the defendant $6,195 for his damages, and that he also recover his costs of suit, and have execution thereof. The defendant filed a motion for a new trial on a bill of exceptions, and the case was heard by the general term of the court, which, on the 28th of June, 1886, affirmed the judgment, with costs. 5 Mackey, 144. Nothing was said in either of the judgments about interest. The defendant brought the case to this court by a writ of error, and on the 19th of May, 1890, it affirmed the judgment of the general term. Railroad Co. v. McDade, 135 U. S. 554, 10 Sup. Ct. Rep. 1044. The judgment of this court, in terms, was that the judgment of the general term of June 28, 1886, 'be and it is hereby affirmed, with costs to be taxed by the clerk, and that the plaintiff have execution thereof.' Nothing was said about interest. The mandate of this court, issued May 27, 1890, recited the judgment of the general term, and contained the judgment of this court, and then commanded the supreme court of the District 'that such execution and proceedings be had in said cause as, according to right and justice and the laws of the United States, ought to be had, the said writ of error notwithstanding.' Afterwards the mandate was presented to the supreme court of the District in general term, and a motion was made to it, on behalf of McDade, to enter up a judgment against the railroad company for interest on the judgment of the special term at the rate of 6 per cent. per annum thereon from the 18th of December, 1885. On the 9th of June, 1890, the court decided the motion in favor of McDade, and on that day entered up a judgment against the railroad company for the payment of the judgment, with interest on it according to the terms of the motion. The mandate was filed on the same day, and the terms of the order made thereon by the general tem w ere that McDade have execution of his judgment against the railroad company rendered by the special term, to-wit, the sum of $6,195, 'with interest thereon from the date thereof until paid,' and the costs of the plaintiff in the suit in the supreme court of the District, to be taxed by the clerk.

The railroad company, at the time of the making of that order, objected and excepted to the judgment in open court. It thereupon, on the 23d of June, 1890, filed in the office of the clerk of this court a petition setting forth the foregoing facts, and praying for a writ of mandamus to the supreme court of the District, commanding it to vacate the judgment of June 8, 1890, so far as it related to interest on the judgment of December 18, 1885, and to enter a judgment on the mandate of this court in accordance with its terms, that is to say, a judgment affirming the judgment of the general term of June 28, 1886, with costs, without more. On that petition, on application of the railroad company, this court made an order, at its present term, requiring the supreme court of the District to show cause why the writ of mandamus prayed for should not issue. A return to this order has been filed, in which the latter court states that by the mandate it was commanded that such execution and proceedings be had in the cause as, according to right and justice and the laws of the United States, ought to be had, and that the order of June 9, 1890, was passed in the cause because the court sitting in general term believed said order was in accordance with right and justice and the laws of the United States; and it annexes, as its reasons for passing the order, the opinion of the general term, composed of Justices HAGNER, COX, and JAMES, (18 Wash. Law Rep. 719,) delivered June 9, 1890, by Mr. Justice HAGNER. We are of opinion that the writ of mandamus prayed for must be granted, irrespective of the question largely discussed at the bar and considered in the opinion of the general term, as to whether a judgment founded on tort bears or ought to bear interest, in the supreme court of the District, from the date of its rendition. Upon the hearing on the writ of error, which resulted in the judgment and mandate of this court, the question of the allowance of interest on the judgment from its date until it should be paid was a question for the consideration of this court. The fact that the judgment of this court merely affirmed the judgment of the general term with costs and said nothing about interest, is to be taken as a declaration of this court that, upon the record as presented to it, no interest was to be allowed. It was thereupon the duty of the general term to enter a judgment strictly in accordance with the judgment strictly in accordance to add to it the allowance of interest. The judgment of the general...

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