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Final Judgment

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

In practice

A judgment which puts an end to an action at law by declaring that the plaintiff either bas or has not entitled himself to recover the remedy he sues for.

3 Bi. Comm. 398.

So distinguished from trtertocutory judgments, which merely establish the right of the plaintiff to recover, in general terms. ld.

397.

A judgment which determines a particular cause, A judgment which cannot be appealed from, which is perfectly conclusive upon the matter adjudicated. 24 Pick.300. <A judgment which terminates all litigation on the same right. The term “final judgment,” in the judiciary act of 1789, § 25, includes both species of judgments as just detined.

2 Pet. 494; 1 Kent, Comm. 316; 6 How. 201, 209.

A judgment is final and conclusive between the parties, when rendered on a verdict on the merits, not only as to the facts actually litigated and decided, but also as toall facts necessarily involved in the issue.

26 Ala. 504.