Summary

Cochran v. Schell (107 U.S. 625…

“ Such interest, for the time a writ of error is pending, is really damages for delay. When the mandate of this court goes to the court below, it is necessary that that court, with a view to execution, should enter a further judgment in accordance with the mandate, covering the direction of this court as to interest and as to costs in this court on the writ of error. ”
Source: Wikisource

Cochran v. Schell (107 U.S. 625…

“ Van Arsdale, ubi supra, that it is to be presumed the government is always ready and willing to pay its ordinary debts. But where there is a judgment and a certificate of probable cause, and thus a case for payment out of the treasury under section 989, and then, by direction of the government, a writ of error is taken which operates as a stay, interest on the judgment during the stay ought to be allowed, and the statutes not only do not forbid such allowance but permit it. ”
Source: Wikisource

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