Majority
p. 274Nathaniel Connoway v. Sally E. Spicer, Administratrix of Theophilus Spicer, deceased.
Headnote
A judgment entered upon a note for debt and interest included up to the time of its entry, by virtue of a warrant to a justice of the peace, authorizing judgment “ to be entered” for the above-mentioned sum together wit! interest and costs of suit, is good, and will not be reversed on certiorari.Certiorari to James P. W. Kollock, Esq., J. P. The record set forth the copy of a note from Connoway to the deceased, for the sum of eighty-four dollars, with'legal -interest from the date thereof, with a warrant empowering any justice of the peace in the State to enter judgment for the above-mentioned sum, together with lawful interest and costs of suit, with stay of execution, six months from the date thereof, &c. The judgment entered thereon was for ninety-eight dollars and four cents, and included the interest on the note up to the date of the judgment. To this it was excepted that the justice had exceeded the authority conferred on him by the warrant, and had entered judgment for a greater sum than he was authorized to do, and that pursuant to the warrant, judgment should have been entered for the principal of the note, to bear interest
p. 275
from the date of it, and not for principal and interest added together.
held that there was nothing in the terms of the note or warrant to require this construction, and as the practice had been otherwise, and the judgment changed the nature of the debt and extinguished its original character, it was properly entered, and therefore affirmed it.