Black's Law Dictionary

A publlc officer, appointed to preside and to administer the law in a court . of justice; the chief member of a court, and charged with the control of proceedings and the decision

An officer of a court-martial, whose duty is to swear in the other members of the court, to advise the court, and to act as the public prosecutor; but he is also so far the counsel

The adviser of the government in reference to courts-martial and other matters of military law. In England, he is generally a member of the house of commons and of the government f

One who holds and exercises the office of a judge under color of lawful authority and by a title valid on its face, though he has not full right to the office, as where he was appo

By St. 20 & 21 Viet. c. 85, § 9, the judge of the court of probate was made judge of the court for divorce and matrimonial causes created by that act, under the name of the "judge

A Cheshire juryman. Jacob.

In English practice. A certificate, signed by the judge who presided at the trial of a cause, that the party applying is entitled to costs. In some cases, this is a necessary preli

Memoranda usually taken by a judge, while a trial is proceeding, of the testimony of witnesses, of documents offered or admitted in evidence, of offers of evidence, and whether it

An order made by a judge at chambers, or out of court.

The official and authentic decision of a court of justice upon the respective rights and claims of the parties to an action or suit therein litigated and submitted to its determina

A book required to be kept by the clerk, among the records of the court, for the entry of judgments. Code N. Y. § 279. In re Weber, 4 N. D. 119, 59 N. W. 523, 28 L. R. A. 621,

One entered upon the failure of a party to appear or plead at the time appointed. See Judgment.

One who is entitled to enforce a judgment by execution, (q. v.) The owner of an unsatisfied judgment.

A person against whom judgment has been recovered, and which remains unsatisfied.

Under the English bankruptcy act, 1861, §§ 76 —85, these summonses might be issued against both traders and non-traders, and, in default of payment of, or security or agreed compos

Debts, whether on simple contract or by specialty, for the recovery of which judgment has been entered up, either upon a cognovit or upon a warrant of attorney or as the result of

A list or docket of the judgments entered in a given court, methodically kept by the clerk or other proper officer, open to public inspection, and intended to afford official notic

A judgment against a particular person, as distinguished from a judgment against a thing or a right or status. The former class of judgments are conclusive only upon parties and pr

A judgment in rem is an adjudication, pronounced upon the status of some partichlar subject-matter, by a tribunal having competent authority for that purpose. It differs from a jud

A lien binding the real estate of a judgment debtor, in favor of the holder of the judgment, and giving the latter a right to levy on the land for the satisfaction of his judgment

A promissory note, embodying an authorization to any attorney, or to a designated attorney, or to the holder, or the clerk of the court, to enter an appearance for the maker and co

In English practice. A sheet of paper containing an incipitur of the pleadings in an action at law, upon which final judgment is signed by the master. 2 Tidd, Pr. 930.

In English practice. A parchment roll, on which are transcribed the whole proceedings in the cause, deposited and filed of reconi in the treasury of the court, after signing of jud

See supra.

Judgment is to be given according to the laws, not according to examples or precedents. 4 Coke, 33b; 4 Bl. Comm. 405.

Lat In the civil and old English law. To judge; to deride or ' determine judicially; to give judgment or sentence.

Lat. In the civil law. Judging; the pronouncing of sentence, after hearing a cause. Hallifax, Civil Law, b. 8, c. 8, no. 7.

Lat Persons in the county palatine of Chester, who, on a writ of error, were to consider of the judgment given there, and reform it; otherwise they forfeited £100 to the crown by c

I. The state or profession of those officers who are employed In administering justice; the judiciary. 2. A judicatory, tribunal, or court of Justice. 3. Jurisdiction; the right of

The statutes of 36 & 37 Viet. c. 66, and 38 & 39 Viet. c. 77, which went into force November 1„ 1875, with amendments in 1877, c. 9; 1879, c. 78; and 1881, c. 68, — made most impor

Jenk. Cent. 75. Judges are not bound to explain the reason of their sentence.

Lat. In the civil law. Ordinary judices; the common judices appointed to try causes, and who, according to Blackstone, determined only questions of fact 3 Bl. Comm. 315.

Lat. In the civil law. The ordinary judices appointed by the prætor to try causes.

Lat. In the civll law. Select or selected judices or judges; those who were used in criminal causes, and between whom and modern jurors many points of resemblance have been noticed

Lat. In Roman law. Judicial proceedings; trials. Judicia puUioa,-criminal trials. Dig. 48, L Judicia in deliberationibus crebro maturescunt, in accelerato processu nunquam. Judgmen

Judgments in the king's courts are not to be annihilated, but to remain in force until annulled by error or attaint. 2 Inst. 539.

Belonging to the office of a judge; as judicial authority. Relating to or connected with the administration of justice; as a judicial officer. Having the character Of judgment or f

Action of a court upon a cause, by hearing it, and determining what shall be adjudged or decreed between the parties, and with which is the right of the case. Rhode Island v. Massa

Acts requiring the exercise of some judicial discretion, as distinguished from ministerial acts, which require none. Ex parte Kellogg, 6 Vt 5lO ; Mills v. Brooklyn. 32 N. Y. 407; R

Admissions made voluntarily by a party which appear of reconi in the proceedings of the court. —-Judicial authority. The power and authority appertaining to the office of a judge;

Such as involves the exercise of judicial power, or the application of the mind and authority of a court to some contested matter, or the conduct of judicial proceedings, as distin

The principle in accordance with which the courts of one state or jurisdiction will give effect to the laws and judicial decisions of another, not as a matter of obligation, but ou

In English law. A tribunal composed of members of the privy council, being judges or retired judges, which acts as the king's adviser in matters of law referred to it, and exercise

In the law of evidence. A confession of guilt, made by a prisoner before a magistrate, or in court, in the due course of legal proceedings. 1 Greenl. Ev. § 216; White v. State, 49

Agreements entered into in consequence of an order of court; as, for example, entering into a bond on taking out a writ of sequestration. Penniman v. Barrymore, 6 Mart. N. S. (La.)

A day on which the court is actually in session. Heffner v. Heffner, 48 La. Ann. 1088, 20 South. 281.

The opinions or determinations of the judges in causes bsfore them, particularly in appellate courts. Le Blanc v. Illinois Cent. R. Co., 73 Miss. 463, 19 South. 211.

Dicta made by a court or judge in the course of a judicial decision or opinion. Com. v. Paine, 207 Pa. 45, 56 Atl. 317. See Dictum ___Judicial district. One of the circuits or prec

These terms are applied to the discretionary action of a judge or court, and mean discretion as above defined, that is, discretion bounded by the rules and principles of law, and n

Proceedings relating to litigation. They are divided into (1) judgments, decrees, and verdicts; (2) depositions, examinations, and inquisitions taken in the course of a legal proce

In Scotch law. A factor appointed by the courts in certain cases where it becomes necessary to intrust the management of property to another than the owner, as; where the latter is

In the law of Louisiana. The lien resulting from judgments, whether rendered on contested cases or by default, whether final or provisional, in favor of the person obtaining them.

The act by which a court, in conducting a trial, or framing its decision, will, of its own motion, and without the production of evidence, recognize the existence and truth of cert

One taken before an officer in open court, as distinguished from a "non-judicial" oath, which is taken before an officer ex parte or out of court. State v. Drei-fus, 38 La. Ann. 87

A person in whom is vested authority to decide causes or exercise powers appropriate to a court. Settle v. Van Evrea, 49 N. Y. 284; People v. Wells, 2 Cal. 203; Reid v. Hood, 2 Not

The authority vested in courts and judges, as distinguished from the executive and legislative power. Gilbert v. Priest, 65 Barb. (N. Y.) 448; In re Walker, 68 App. Div. 196, 74 N.

A general term for proceedings relating to. practiced in, or proceeding from, a court of justice; or the course prescribed to be taken in various cases for the determination of a c

In a wide sense, this term may include nil the acts of a court from the beginning to the end of its proceedings in a given cause ; but more specifically it means the writ, summons,

One proper for the determination of a court of justice, as distinguished from such questions as belong to the decision of the legislative or executive departments of government and

Such as are administered by the courts of justice, or by judicial officers empowered for that purpose by the constitution and laws of the state. Code Civ. Proc. Cal. 1903, § 20; Co

A judicial sale is one made under the process of a court having competent authority to order it, by an officer duly appointed and commissioned to sell, as distinguished from a sale

A separation of man and wife by decree of court, less complete than an absolute divorce; otherwise called a "limited divorce." —-Judicial statistics. In English law. Statistics, pu

In Louisiana, a mandate ordering the sheriff in certain cases to take into his possession and to keep a thing of which another person has-the possession until after the decision of

In English practice. Such writs as issue under the private seal of the courts, and not under the great seal of England, and are tested or witnessed, not in the king's name, but in

adj. Pertaining or relating to the courts of justice, to the judicial department of government or to the administration of justice. n. That branch of government invested with the j

The name commonly given to the act of congress of September 24, 1789, (1 St. at Large, 73,) by which the system of federal courts was organized, and their powers and jurisdiction d

Faith or credit is to be given to the later judgments. 13 Coke, 14.

A judge exceeding his office is not to be obeyed. Jenk. Cant. p. 139, case 84. Said of void judgments.

Lat. A caution or security, given in Scotch courts for the defendant to abide judgment within the jurisdiction. Stim. Law Gloss.

It is punishment enough for a judge that he has God as his avenger. 1 Leon. 295.

The judge in his decision ought to follow the rule, when the exception is not proved.

Dyer, 12. It is the duty of a judge to decide according to facts alleged and proved.

It is the province of a judge to declare the law, not to give it Lofft, Append. 42.

It is the duty of a judge to inquire into the times of things, as well as into things themselves. Co. Litt 171.

It is the duty of a judge to finish the work of each day within that day. Dyer, 12.

Lat. Judicial authority or jurisdiction; a court or tribunal; a judicial hearing or other proceeding; a verdict or judgment; a proceeding before a judex or judge. State v. Whitford

10 Coke, 70. A judgment given by one who is not the proper judge is of no force.

In old English law. Judgment of death; capital judgment. Fleta, lib. 1, c. 39, § 2. Calied, also, "judicium vitas amissionis," judgment of loss of life. Id. lib. 2, c. 1, § 5.

Judgment is, as it were, a declaration of law.

A judgment ought not to be illusory; it ought to have its proper effect. 2 Inst. 341.

In old English law. Judgment of the peers; judgment of one's peers; trini by jury. Magna Charta, c. 29.

Co. Litt. 248b. Judgment is given against one, whether he will or not.

A judgment is always token for truth, [that is, as long as it stands in force it cannot be contradicted.] 2 Inst. 380; Co. Litt 39a, 168a.

Lat. A Jew.

In old English law. A watery place. Domesday; Cowell.

In French law. A judge. —Juge de paix. An inferior judicial functionary, appointed to decide summarily controversies of minor importance, especially such as turn mainly on question

An inferior judicial functionary, appointed to decide summarily controversies of minor importance, especially such as turn mainly on questions of fact. He has also the functions of

See Instruction.

An acre. Co. Litt. 5b. As much as a yoke (Jugum) of oxen could plow in one day.

In French law. Officers subject to the prooureur imperial or g4n4ral, who receive in cases of criminal offenses the complaints of the parties injured, and who summon and examine wi

In old records. A cutthroat or murderer. Cowell.

Lat In the civll law. A yoke; a measure of land; as much land as a yoke of oxen could plow in a day. Nov. 17, c. 8. —Jugum terræ. In old English law. A yoke of land; hnif a plow-la

In old English law. A yoke of land; hnif a plow-land. Domesday; Co. Litt. 5a; Cowell.

In Spanish law. A trial or suit White, New. Recop. b. 3, tit. 4, a 1. —Juicio de apeo. The decree of a competent tribunal directing the determining and marking the boundaries of la

The decree of a competent tribunal directing the determining and marking the boundaries of lands or estates.

The judgment granted for a debtor who has various creditors, or for such creditors, to the effect that their claims be satisfied according to their respective form and rank, when t

In old Scotch law. An ox used for tillage. 1 Pitc. Crim. Tr. pt. 2, p. 89.

In the civil law. Beasts of burden; animals used for carrying but dens. This word did not include "oxen." Dig. 32, 65, 5.

To abscond, withdraw or secrete one's self, in violation of the obligation of a bail-bond. The expression is colloquial, and is applied only to the act of the principui.

In old English law. Thee soil where rushes grow. Co. Litt. 5a; Co.w-> ell.