PEYTON
v.
BROOKE
PEYTON
BROOKE
3 Cranch 92
Supreme Court of the United States (1805)
Positive Treatment
Also reported at: 2 L. Ed. 376 · 1805 U.S. LEXIS 245 · SCDB 1805-012
Cited by 3 cases
Opinion of the Court
Marshall, Ch. J.
The court is of opinion, that the act of assembly contemplates the case where the first execution is not returned nor executed;, that is, where it is out and may be served. The clerk is right in adding the costs of the alias ca. sa. The judgment is for costs, generally; which includes all the costs belonging to the suit, whether prior, or subsequent to-the rendition of judgment. If new costs accrue, the judgment opens to receive them.
Judgment affirmed, with costs.
The case of Syme v. Johnson is reported in 3 Call 558.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ga. Ass'n OF Retarded Citizens v. McDANIEL, 855 F.2d 794 (11th Cir. 1988)…istrict court, interest on the revised award should run from the date of the original award “because that is the date on which the correct judgment should have been entered.” Perkins, 487 F. 2d at 676. Cf. Peyton v. Brooke, 7 U.S. (3 Cranch) 92, 95, 2 L.Ed. 376 (1805) (judgment for costs “includes all costs belonging to the suit, whether prior, or subsequent to the rendition of judgment. If new costs accrue, the judgment opens to receive them.”) The State defendants note that there is no statute expressly…