THE BANK OF THE COMMONWEALTH OF KENTUCKY
v.
WISTAR, PRICE, AND WISTAR
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The Bank of the Commonwealth of Kentucky sought to challenge a judgment rendered against it in the lower court. The Supreme Court granted a motion to amend its prior judgment to include interest at six percent per annum on the affirmed judgment, treating the omission of interest as a clerical error and applying the Court's standard rule that six percent interest is awarded on judgments absent special circumstances.
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Mr Chief Justice Marshall delivered the opinion of the Court.
In the case of the motion to amend the mandate, the court directs the amendment to be made, and the judgment of the court to be reformed, allowing interest at the rate of six pér cent. The reaspn is, that by a rule of.this court, when there are no,special circumstances, six per cent, interest is-allowed'upon the amount of.the judgment in the court below; under special circumstances, damages to the amount of ten per cent, are awarded by the court. The omission is deemed by this court a mere clerical error:
On consideration of. the motion made by Mr Vinton, of counsel for the defendants in error, in this cause, on a prior day of this term, to amend the judgment of this court ren-' dered in this cause at the January term of this court in the. year of our Lord 1829 : to wit, on the 14th day of February of the said last mentioned year, by giving to the defendahts, in error in said causé on said judgment damages at the rate Of six per centum per annum: it is ordered and adjudged by this court that the said judgment of this court of February 14, A. D. 1829, be reformed by the amendment of . damages at the .rate of six per centum per ánnum, so that the judgment read thus : “ it is adjudged and ordered by this court that the judgment of the said circuit court in this case be, and the same is hereby affirmed, with costs and damages at the rate of six per centum per annum-
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Phillips & Another v. Negley, 117 U.S. 665 (U.S. 1886)…n, than that no court can reverse or annul its own final decrees or judgments, for errors of fact or law, after the term in which they have been rendered,- unless for clerical mistakes; Cameron v. McRoberts, 3 Wheat. 591; Bank of Kentucky v. Wistar, 3 Pet. 431; or to reinstate a cause dismissed by mistake; The Palmyra, 12 Wheat. 1; from which it follows that no change or modification can be made which may substantially vary or affect it in any material .thing. Bills of review, in cases in equity, and writ…
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Springer v. Gov't of the Philippine Islands, 277 U.S. 189 (U.S. 1928)
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Berizzi Bros. Co. v. Steamship Pesaro, 271 U.S. 562 (U.S. 1926)
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