
    W. P. HALEY v. THOMAS S. MOORE.
    Jackson,
    September Term, 1876.
    INTEREST ON JUDGMENTS.
    The act of 1865-66, eh. 17, repeals the twelve and one-half per cent, law, and establishes six per cent, as the legal interest on judgments. This rate of interest is not confined to cases where the judgment below is affirmed on trial, but extends to eases where certiorari is dismissed, and where by statute the judgment below is affirmed.
    Cited: Code (T. & S.), see. 3137, 3137a; Shannon’s Code, see. 4868.
    Cited and overruled on this point: Rothohilds v. Eorbes, 3 Heis., 13, 20; and Smith v. Martin, 7 Cold., 272.
   McFaeland, J.,

delivered the opinion of the court:

"We hold that sec. 3137 of the Code [1858], allowing 12 1-2 per cent, interest upon an affirmance of the judgment of an inferior tribunal, or upon the dismissal of a certiorari, is repealed by the act of 1865--6, eh. 17, sec. 1, T. & S. Code, 3137a.

This last named section enacts that: "Judgments or decrees, when affirmed in a higher court, shall be for the judgment or decree of the inferior tribunal, and interest thereon at the rate of six per cent, per annum, instead of twelve and one-half per cent., as now allowed by law.” This section is not confined to cases where the judgment below is affirmed upon a trial, but extends also to cases where a certiorari is dismissed, and where, by statute, the judgment below is affirmed. In the case in 2 Heis. [13, 20], Rothschilds v. Forbes, the 12 1-2 per cent. was allowed, but this was without reference to the act of 1865, which was probably overlooked, as was also the case in Smith v. Martin, 7 Cold. [272].

We have held, in several cases not reported, that the 12 1-2 per cent, is not allowed.  