Missouri & Ark. Co. v. Sebastian County, 249 U.S. 170 (1919)

Missouri & Arkansas Lumber & Mining Co. v.

Greenwood District, Sebastian County, Arkansas
No. 14

Submitted January 17, 1919
Decided March 3, 1919
249 U.S. 170

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF ARKANSAS

Syllabus

A revivor to escape the statute of limitations adds no new efficacy to judgment in respect of the power of the legislature to stop the further running of interest. P. 172.

A judgment of the United States Circuit Court, based on noninterest-bearing county warrants, provided for interest at a specified rate on the amount of the judgment until paid. A later act of the legislature declared that thereafter judgments on such warrants should bear no interest. Held consistent with the contract clause and due process. Id., Morley v. Lake Shore & Michigan Southern Ry. Co., 146 U.S. 162.

Interest on judgments allowed by statute merely is not contractual, but a penalty or liquidated damages. P. 173.

Quaere: is this true of a judgment based on a contract stipulating for interest? Id.

Affirmed.

The case is stated in the opinion.