
    Bonsall, Adm’r. of Bonsall, vs. Taylor, surviving Ex’r. of Rives.
    The plaintiff in an action on a penal bond, cannot recover more than th<f penalty where the interest exceeds it.
    in debt on judgment upon a penal bond, the plaintiff can recover interest beyond the penalty. 
    
    Tried before Mr. Justice Gantt, at Richland, Spring Term, 1821.
    This case exhibited two questions for the consideration of the court.
    1st. Whether, in an action on a penal bond, the plaintiff can recover more than the penalty when the interest exceeds it ?
    2d. If he cannot, whether he is not entitled to interest from the date of the judgment to the time of its satisfac- • tion ?
    
      
      
         See ante, 328, Adm’rs of Smith vs. Vanderhorst, Ex'or. of Shakelford, where the court decided die same ¡joint, without any reference being made to the ¡¡el of 1815, allowing1 interest on'judgment:-, whore founded on a cause of action which bore interest previous to judgment. K.
    
   Mr. Justice Johnson

delivered the opinion of the court.

The first question would perhaps furnish some room for speculation, as there is considerable diversity and perplexity in the authorities relied on. It is only important, however, that there should be a- known and established rule on the subject, and we are relieved from the necessity of investigating the question by the unanimous concur - renco or the ovan in the opinion that the plain tiff is nor entitled to recover more than the penalty of the bond.

Greggs for the motion.

Star It, contra.

On the second question also there is no difference of «pinion. The plaintiff is entitled, under the act of the legislature of 1815, to interest on his judgment, from its date up to the tinte of satisfaction, and to have his execution therefor: And in an action founded on such a judgment, he is also entitled to recover the interest.

The motion in this case is therefore granted only so far ?s relates to the interest which accrued subsequent to the judgment.

| ustices Colcock, Nof.t, Richardson and Huger, concur red.  