Vermont Bar Journal, Vol. 40, No. 2 Winter 2016, Volume 41, No. 4 | Page 13

Dissenting Yourself Thrice Redfield dissented from his own majority opinion. In Barron v. Pettes (1846), his turn came to write a majority decision. He supported the decision, but when the plaintiff asked to have the damage award include 15% interest, he explained his fear that future courts would take it seriously; even though he had signed the decision, he dissented. I expressed myself, at the time, averse to the allowance of any such rate of interest upon judgments of the county court, where execution had been stayed by order of that court. But the other members of the court, although hesitating at first, finally made an order, that the clerk should cast interest at the rate of fifteen per cent. on so much of the judgment below, as was for money detained, and at the rate of six per cent. upon the residue of the judgment. Accordingly a formal order was made to that effect, which, for conformity, I consented to sign, and which, I suppose, may be esteemed a decision of this court; but, being made without argument, and without consultation, so far as I know, I cannot but regret, that it was ever made, and trust that it will not be followed as a precedent. It appears to me, that the statute settles this matter, by providing that “interest shall be added to the judgment of the county court” in general terms; the law fixes the rate at six per cent.; and the effect is the sa YK\