Reade v. . Street

Citations

• 30 S.E. 124
• 122 N.C. 301
• 1898 N.C. LEXIS 250

Syllabus

<p>Appeal — Exceptions to Judgment — Prayer for Judgment —Practice■—Partial Payments on Note — Interest, Computation of.</p> <p>1. An apxieal from a judgment is, per se, an exception thereto and there need be no other exception in the record.</p> <p>2. The prayer for judgment does not bind the plaintiff who is entitled to such judgment as the pleadings and proofs justify; hence, if a judgment is for a greater amount than, or of a different nature from, the prayer for judgment, but is justified by the pleadings and proof, it is immaterial that it is not in conformity with the prayer of the complaint.</p> <p>3. 'It is only where the payments made on a note exceed the interest due at tlíe time they are made that a balance can be struck and a new principal created.</p> <p>4. The amount of a judgment should be calculated up to the first day of the term at which it is rendered and the principal thereof should ■ bear interest, from such time until paid.</p> <p>5. Where a judgment is rendered for an improper amount by reason of an erroneous computation of interest, the error will be corrected by a modification of the.judgment on appeal.</p>