
    CONSTITUTIONAL COURT, COLUMBIA,
    NOV., 1806.
    Richard Lambkin v. Tho. V. Nance.
    Where action of debt is brought on a judgment, interest therein shall be . recovered on the accumulated sum of the original principal and interest, together -with costs.
    Either assumpsit, or debt, lies on a judgment recovered in another State, of the United States.
    If part of the costs of such a judgment be expressed in pounds of tobacco, and not in money, no interest can be allowed thereon.
    Assumpsit on a judgment rendered in Virginia. The proceedings of the court in which the judgment was given, stated a verdict in these words : “ We, the jury, find for the plaintiff nine pounds da. mages, with interest from the 15th December, 1783, till paid.” The judgment was in these words : “ Therefore, it is considered by the court, that the plaintiff recover against the said defendant his damages aforesaid, by the jury in form aforesaid assessed, together with his costs. Clerk’s fees; 153 lbs. tobacco. Sheriff’s costs, 60 lbs. ditto. Attorney’s fees and tax,-" 10$. 6d” The record also stated, that a Ji.fa. had issued, directed to the sheriff, requiring him to levy the aforesaid damages, interest,-and costs, staling the interest to be at the rate of five per cent, per annum.
    At the trial before Bay, J., in Union district, the judge having declared that in his opinion the action of assumpsit would not lie on judgment; and also, that if the action could be maintained in ^a,; form, the plaintiff would not be entitled to interest on the sum recovered by the judgment, but only on the original sum due by the • _ ” defendant to the plaintiff, — the plaintiff suffered a nonsuit, with leave to move this court for a new trial, on the ground that the judge was mistaken in the opinion held by him in the Circuit Court,
    Nott, in support of the motion,
    cited Doug. 4. Cro. Eliz, 96. 1 Wils. 316. 2 Burr. 1094. Farrow argued against the mo. tion. ^
   Gkimke, J-,

delivered the opinion of the court, all the judges present. 1. That assumpsit, or debt, at the election of the plaintiff, may be brought on a judgment rendered in another of the United States. Seethe case of Hammon and Hathaway v. Smith, 1 vol. Brevard’s Reports, p. 110. 2. That the accumulated sum recovered and ascertained by the judgment, in Virginia, including the costs, is entitled to carry interest; the whole being due by judgment. 3. That no interest can be allowed on the'costs, which are payable in tobacco, there being no standard by which interest can be calculated, but the value, of the tobacco ought to be allowed as part of the.()udgmeiit. 4. That five per cent, being the rate of interest in Virginia, ought to be allowed, and not the rate of interest in this State.

Nonsuit set aside, and new trial granted.  