
    NICHOLS vs. COLVILL.
    Wilkinson, for the appellee,
    stated that the appeal was brought up to this court by the appellee, since the expiration of the time allowed by law to the appellant to file the transcript in the clerk’s office of this court, which is fifteen days before the commencement of the term. Under the act which declares, that if the appellant shall fail to prosecute his appeal, or the judgment below shall be affirmed the appellant shall pay twelve and half per cent, it was moved that the judgment be rendered here for the amount recovered below, with the percentage allowed by law, in consequence of the appellants failing to prosecute his appeal.
    
      Where the record is brought up by the appellee and the judgment affirmed with the 1-2 per cent interest on the judgment below cannot be recovered under the act of 1803 c. 6.
   Per Curiam.

—The appellant had a right until fifteen days before the commencement of this term to prosecute his appeal, he failed and could not afterwards do it.

The appellee having brought it up, is entitled as of course, to the judgment prayed for, with his per centage.

Wilkinson, then moved, that the clerk of this court be directed, under the authority of an act, passed November 7th, 1803, c. 6. entitled “ an act directing the mode of entering judgments in the courts of record within this state and for other purposes,” to state when the judgment was rendered below so as to enable the sheriff to collect the usual interest of six per cent, under the general provision of that act which directs, that all judgments shall carry interest until paid.

White, J.

—The act of 1803, after providing that judgments shall carry interest, directs, that the clerk shall endorse on the execution the day of rendering the judgment, so as to enable the sheriff to calculate and receive interest. After the appeal was entered in the county court the judgment there ceased to exist. The judgment here is for the amount below with twelve and a half per cent interest. Let judgment be entered for this aggregate sum, upon which the act will give interest.

Campbell, j.—Overton, j.—Accorded.  