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or final. Vide 3 Black. Com. 396; Bingh. on Judgm. 1. For the lien of judgments in the several states, vide Lien.
JUDGMENT, ARREST OF, practice; this takes place when the court withhold judgment from the plaintiff on the ground that there is some error appearing on the face of the record, which vitiates the proceedings. In consequence of such error, on whatever part of the record it may arise, from the commencement of the suit to the time when the motion in arrest of judgment is made, the court are bound to arrest the judgment. It is, however, only with respect to objections apparent on the record, that such motions can be made. They cannot, in general, be made in respect to formal objections. This was formerly otherwise, and judgments were constantly arrested for matters of mere form. 3 Bl. Com. 407; 2 Reeves, 448; but this abuse has been long remedied by certain statutes passed at different periods, called the statutes of amendment and jeofails, by the effect of which, judgments, in the present day, cannot, in general, be arrested for any objection of form. Steph. PI. 117; see 3 Bl. Com. 393; 21 Vin. Ab. 457; 1 Sell. Pr. 496.
JUDGMENT, IN ASSUMPSIT, when in favour of the plaintiff, is that he recover a specified sum, assessed by a jury, or on reference to the prothonotary, or other proper officer, for the damages which he has sustained, by reason of the defendant's non-performance of his promises and undertakings, and for F full costs of suit. 1 Chitty's Pl. 100. When the judgment is for the defendant, it is that he recover his costs.
JUDGMENT, IN ACTIONS ON THE CASE FOR TORTS, when for the plaintiff, is that he recover a sum of money ascertained by a jury, for his damages occasioned by the
committing of the grievances complained of, and the costs of suit. 1 Ch. PI. 147. When for the defendant, it is for costs.
JUDGMENT OF CASSETUR BREVE OR BILLA, practice, is in cases of pleas in abatement where the plaintiff prays that his " writ" or "bill" "may be quashed, that he may sue or exhibit a better one." Steph. PI. 130, 131, 128; Lawes, Civ. PI. •
JUDGMENT BY CONFESSION, practice. When instead of entering a plea, the defendant chooses to confess the action ; or, after pleading, he does, at any time before trial, both confess the action and withdraw his plea or other allegations; the judgment against him, in these two cases, is called a judgment by confession or by confession relicta txrificatione. Steph. PI. 130.
JUDGMENT, CONRADICTORY. By this term is understood, in the state of Louisiana, a judgment which has been given after the parties have been heard, either in support of their claims, or in their defence. Code of Pract. art. 535; 11 L. R. 366, 569. A judgment is called contradictory to distinguish it from one which is rendered by default.
JUDGMENT IN COVENANT, when for the plaintiff, is that he recover an ascertained sum for his damages, which he has sustained by reason of the breach or breaches of the defendant's covenant, together with costs of suit. 1 Chitty's Plead. 116, 117. When for the defendant, the judgment is for costs.
JUDGMENT, IN DEBT, when for the plaintiff, is that he recover his debt, and, in general, nominal damages for the detention thereof; and in cases under the 8 and 9 Wm. III. c. 11, it is also awarded, that the plaintiff have execution for the damages sustained by the breach of a bond, conditioned for the performance of covenants; and that plaintiff recover full costs of suit. 1 Chitty's PI. 108, 9. In some penal and other particular actions the plaintiff does not, however, always recover costs. Espinasse on Pen. Act. 154; Hull, on Costs, 200; Bull. N. P. 333; 5 Johns. R. 251. When the judgment is for the defendant, it is generally for costs. In some penal actions however, neither party can recover costs. 5 Johns. R. 251.
JUDGMENT BY DEFAULT, practice, is a judgment rendered in consequence of the non-appearance of the defendant, and is either by nil dicit, vide Judgment by nil dicit, or by non sum informatus, vide Judgment by non sum informatus. This judgment is interlocutory in assumpsit, covenant, trespass, case, and replevin, where the sole object of the action is damages; but in debt, damages not being the principal object of the action, the plaintiff usually signs final judgment in the first instance. Vide Com. Dig. Pleader, B 11 and 12—E 42; 7 Vin. Ab. 429; Doct. PI. 208; Grah. Pr. 631; Dane's Ab. Index, h. t.; 8 Chit. Pr. 671 to 680; Tidd's Pr. 563; 1 Lilly's Reg. 585 ; and article Default.
JUDGMENT, IN DETINUE, when for the plaintiff, is in the alternative, that he recover the goods, or the value thereof, if he cannot have the goods themselves, and his damages for the detention and costs. 1 Ch. PI. 121, 2; 1 Dall. R. 458.
JUDGMENT IN ERROR, practice, is a judgment rendered by a court of error, on a record sent up from an inferior court. These judgments are of two kinds, of affirmance and reversal.—1. When the judgment is for the defendant in error, whether the errors assigned be in law or in fact, it is "t hat the
former judgment be affirmed, and stand in full force and effect, the said causes and matters assigned for error notwithstanding, and that the defendant in error recover $ — for his damages, charges and costs which he hath sustained," &c. 2 Tidd's Pr. 1126; Arch. Forms, 221. —When it is for the plaintiff in error, the judgment is that it be reversed or recalled. It is to be reversed for error in law, in this form, that it "be reversed, annulled and altogether holden for nought." Arch. Forms, 224. For error in fact the judgment is recalled, revocatur. 2 Tidd.Pr. 1126.
JUDGMENT, FINAL, practice. A final judgment is one which puts an end to the suit. When the issue is one in/ac<, and is tried by a jury, the jury at the time that they try the issue, assess the damages, and the judgment is final in the first instance, and is that the plaintiff do recover the damages assessed. When an interlocutory judgment has been rendered, and a writ of inquiry has issued to ascertain the damages, on the return of the inquisition the plaintiff is entitled to a final judgment, namely, that he recover the amount of damages so assessed. Steph. PL 127 128.
JUDGMENT, INTERLOCUTO. RY, practice. When the action sounds in damages, and the issue is an issue in law, or when any issue in fact not tried by a jury is decided in favour of the plaintiff, then the judgment is that the plaintiff ought to recover his damages without specifying their amount; for, as there has been no trial by jury in the case, the amount of damages is not yet ascertained. The judgment is then said to be interlocutory. To ascertain such damages it is the practice to issue a writ of inquiry. Steph. PI. 127; when the action is founded on a promissory note, bond, or other writing, or any other contract by which the amount due may be readily computed, the practice is, in some courts, to refer to the prothonotary or clerk to assess the damages. There is one species of interlocutory judgment which establishes nothing but the inadequacy of the defence set up; this is the judgment for the plaintiff on demurrer to a plea in abatement, by which it appears that the defendant has mistaken the law on a point which does not affect the merits of his case; and yet being but reasonable that he should offer, if he can, a further defence, that judgment is that he do answer over, in technical language, judgment of respondeat ouster, (q. v.) Steph. Plead. 126; Bac. Ab. Pleas, N 4; 2 Arch. Pr. 3.
JUDGMENT OF NIL CAPIAT PER BREVE, OR PER BILLAM, practice. When an issue arises upon a declaration or peremptory plea, and it is decided in favour of the defendant, the judgment is, in general, that the plaintiff take nothing by his writ, (or bill,) and that the defendant go thereof without day, &c. This is called a judgment of nil capiat per breve, or per billam. Steph. PI. 128.
JUDGMENT BY NIL DICIT, practice, is one rendered against a defendant for want of a plea. The plaintiff obtains a rule on the defendant to plead within a time specified, of which he serves a notice on the defendant or his attorney; if the defendant neglect to enter a plea within the time specified, the plaintiff may sign judgment against him.
JUDGMENT OF NOLLE PROSEQUI, practice, is a judgment entered against the plaintiff, where after appearance and before judgment he says, "he will not further prosecute his suit." Steph. PI. 130; Lawes Civ. Pl. 166.
JUDGMENT NON OBS
TANTE VEREDICTO, practice, is a judgment rendered in favour of the ' plaintiff, without regard to the verdict obtained by the defendant. The motion for such judgment is made where after a pleading by the defendant in confession and avoidance, as, for example, a plea in bar, and issue joined thereon, and verdict found for the defendant, the plaintiff on retrospective examination of the record, conceives that such plea was bad in substance, and might have been made the subject of demurrer on that ground. If the plea was itself substantially bad in law, of course the verdict, which merely shows it to be true in point of fact, cannot avail to entitle the defendant to judgment; while on the other hand the plea being in confession and avoidance, involves a confession of the plaintiff's declaration, and shows that he was entitled to maintain his action. In such case, therefore, the court will give judgment for the plaintiff, without regard to the verdict; and this, for the reasons above explained, is called a judgment upon confession. Sometimes it may be expedient for the plaintiff to move for judgment non obstante, &c. even though the verdict be in his own favour; for if in such case as above described, he takes judgment as upon the verdict, it seems that such judgment would be erroneous, and that the only safe course is to take it at upon confession. 1 Wils. 63; Cm. Elia 778; 2 Roll. Ab. 99. See also Cro. Eliz. 214; 6 Mod. 10; Str. 394; 1 Ld. Raym. 641; 8 Taunt. 413; Rast. Ent. 622; 1 Wend. 307; 2 Wend. 624; 5 Wend. 513; 4 Wend. 468; 6 Cowen, R. 225. See this Dict. Repleader, for the difference between a repleader and a judgment non obstante veredicto.
JUDGMENT BY NON SUM INFORMATUS, practice, is one which is rendered, when instead of entering a plea, the defendant's attorney says he is not informed of any answer to be given to the action. Steph. PI. 130.
JUDGMENT OF NON PROS, (from non prosequitur,) practice, is one given against the plaintiff, in any class of actions, for not declaring, or replying, or suturejoining, &c, or for not entering the issue..
JUDGMENT OF NONSUIT, practice, is one against the plaintiff, which happens when, on trial by jury, the plaintiff, on being called or demanded, at the instance of the defendant, to be present while the jury give their verdict, fails to make his appearance. In this case no verdict is given, but the judgment of non -suit passes against the plaintiff. So if after issue is joined, the plaintiff neglects to bring such issue on to be tried in due time, as limited by the practice of the court, in the particular case, judgment will be also given against him for this default; and it is called judgment at in case of non-suit. Steph. PI. 131. After suffering a non-suit the plaintiff may commence another action for the same cause for which the first had been instituted. In some cases, plaintiffs having obtained information in what manner the jury had agreed upon their verdict before it was delivered in court, have, when the jury were ready to give in such verdict against them, suffered a nonsuit for the purpose of commencing another action and obtaining another trial. To prevent this abuse the legislature of Pennsylvania have provided by the act' of the 23th of March, i814, 6 Reed's L. 208, that "whenever on the trial of any cause, the jury shall be ready to give in their verdict, the plaintiff shall not be called, nor shall he then be permitted to suffer a non-suit."
JUDGMENT QUOD COMPUTET. The name of an interlocutory judgment is an action of account render that the defendant do account, quod computet. Vide 4 Wash. C. C. R.84; 2 Watts, R.9o; 1 Penn. R.138.
JUDGMENT QUOD RECUPERET, practice. When an issue in law, other than one arising on a dilatory plea, or an issue in fact, is decided in favour of the plaintiff, the judgment is that the plaintiff do recover, which is called 'a judgment quod recuperet. Steph. PL 126; Com. Dig. Abatement, I 14, 1 15; 2 Arch. Pr. 3. This judgment is of two kinds, namely, interlocutory or final.
JUDGMENT, IN REPLEVIN, is either for the plaintiff or defendant.
§ 1. For the plaintiff. 1. When the declaration is in the detinuit, that is, where the plaintiff declares, that the chattels "were detained until replevied by the sheriff," the judgment is that he recover the damages assessed by the jury for the taking and unjust detention, or for the latter only, where the former was justifiable, as also his costs. 5 Serg. & Rawle, 133; Ham. N. P. 488.
2. If the replevin is in the detinet, that is, where the plaintiff declares, that the chattels taken are "yet detained," the jury must find, in addition to the above, the value of the chattels, (assuming that they are still detained) not in a gross sum, but each separate article; for the defendant perhaps will restore some, in which case the plaintiffis to recover the value of the remainder. Ham. N. P. 489; Fitz. N. B. 159, b; 5 Serg. <fe Rawle, 130.
§ 2. For the defendant. 1. If the replevin is abated, the judgment is, that the writ or plaint abate, and that the defendant (having avowed) have a return of the chattels.
2. When the plaintiff is nonsuited, the judgment for the defendant, at common, law, is, that the chattels be restored to him, and this, without his first assigning the purpose for which they were taken, because by abandoning his suit, the plaintiff admits that he had no right to dispossess the defendant by prosecuting the replevin. The form of this judgment is simply "to have a return," without adding the words "to hold irreprevisable." Ham. N. P. 490. As to the form of judgments in cases of non-suit under the 21 Hen. 8, c. 19, and 17 Car. 2, c. 7, see Ham. N. P. 490, 491; 2 Ch. Plead. 161; 8 Wentw. PI. 116 ; 5 Serg. & Rawle, 132; 1 Saund. 195, n. 3; 2 Saund. 286, n. 5. It is still in the defendant's option, in these cases, to take his judgment pro retorno habendo at common law. 5 Serg. & Rawlc, 132; 1 Lev. 255; 3 T. R. 349.
3. When the avowant succeeds upon the merits of his case, the common law judgment is, that he "have returnable irreprevisable," for it is apparent that he is by law entitled to keep possession of the goods. 5 Serg. & Rawle, 135; Ham. N. P. 493; 1 Chit. PI. 162. For the form of judgments in favour of the avowant, under the last mentioned statutes, see Ham. N. P. 494, 5.
JUDGMENT OF RESPONDEAT OUSTER, practice. When there is an issue in law, arising on dilatory plea, and it is decided in favour of the plaintiff, the judgment is only that the defendant answer over, which is called a judgment of respondeat ouster. The pleading is accordingly resumed, and the action proceeds. Steph. PI. 126; see Bac. Abr. Pleas, N 4; 2 Arch. Pr. 3.
JUDGMENT OF RETRAXIT, practice, is one where after appearance and before judgment, the plaintiff enters upon the record that he "withdraws his suit;" in such case
judgment is given against him. Steph. PI. 130.
JUDGMENT, IN TRESPASS, when for the plaintiff, is that he recover the damages assessed by the jury, and the costs. For the defendant that he recover the costs.
JUDGMENT, IN TROVER, when for the plaintiff, is that he recover damages and costs. 1 Ch. PI. 157. For the defendant, the judgment is, that he recover his costs.
JUDICATURE, is the state of those employed in the administration of justice, and in this sense it is nearly synonymous with judiciary. This term is also used to signify a tribunal; and sometimes it is employed to show the extent of jurisdiction, as, the judicature is upon writs of error, &c. Com. Dig. Parliament, L 1; and see Com. Dig. Courts, A.
JUDICIAL, belonging or emanating from a judge as such. Judicial sales, are such as are ordered by virtue of the process of courts. 1 Supp. to Ves. jr. 129, 160; 2 Ves. jr. 50. A judicial writ is one issued in the progress of the cause, in contradistinction to an original writ 3 Bl. Com. 282. Judicial decisions, are the opinions or determinations of the judges in causes before them. Hale, H. C. L. 68; Willes's R. 666; 3 Barn. & Aid. 122; 4 Barn. & Adol. 207; 1 H. Bl. 63; 5 M. & S. 185. Judicial power, the authority vested in the judges. The constitution of the United States declares, that " the judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the congress may from time to time ordain and establish." Art. 3, s. 1. By the constitutions of the several states, the judicial power is vested in such courts as are enumerated in each respectively. See the names of the several states. There is nothing in the constitution of the United States