Judgment

In practice

The conclusion of law upon facts found, or admitted by the parties, or upon their default in the course of the suit.

Tidd, Prac. 930.

The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein for the redress of an injury. A final decision entered in a book of judgments under the signature of the judge (3 Green [N. J.] 383), or, as is the practice in many jurisdictions, under the signature of the clerk. A final or definitive sentence or decision, by which a cause is determined, though not capable of being enrolled, so as to constitute what is technically called a "record," is a judgment.

10 Wend. (N. Y.) 44.

Judgments are either in rem, or in personam. See "In Rem"; "In Personam." They are either final, or interlocutory. See "Final Judgment"; "Interlocutory Judgment." Accordingly, as they are rendered for various causes, and at various stages of the proceedings without trial, or on a partial trial of the issues, judgments are: (1) Judgment by default. A judgment rendered in consequence of the nonappearance of the defendant. (2) Judgment by nil dicit. One rendered against a defendant for want of a plea. (3) Judgment by confession. A judgment entered for the plaintiff in case the defendant, instead of entering a plea, confesses the action, or, at any time before trial, confesses the action and withdraws his plea. (4) Judgment of retraxit. One given against the plaintiff, where, after appearance, he withdraws his suit. It differs from nonsuit in being a voluntary renunciation of the claim, and will bar a subsequent action.

3 Bl. Comm. 296. (5) Judgment of nonsuit.

A judgment rendered against a plaintiff when he, on trial by jury, fails to be present. See "Nonsuit." (6) Judgment of nolle prosequi. A judgment entered against the plaintiff where, after appearance, he refuses to further prosecute his suit. (7) Judgment by non sum informatus. One which is rendered when defendant's attorney, instead of entering a plea, says that he is not informed of any answer to be given. (8) Judgment of non prosequitur. One given against a plaintiff for neglect to take any of the steps which it is incumbent upon him to take in due time. Among the different judgments rendered in particular actions, or on particular pleas, are: (9) Judgment quod recuperet. A judgment in favor of the plaintiff that he do recover, which is rendered when plaintiff has prevailed upon an issue in fact or an issue in law other than one arising on a dilatory pleading. (10) Judgment quod partitio fiat. The interlocutory judgment in a writ of partition, that partition be made. (11) Judgment partitione facta, firma et stabilis in perpetuum. The final judgment in partition. (12) Judgment quod computet. A judgment in an action of account render that the defendant account. (13) Judgment pro retorno habendo. A judgment in an action for the possession of goods, that plaintiff have a return thereof. (14) Judgment of nil capiat per breve, or per billam. A judgment in favor of a defendant upon an issue raised upon a declaration or peremptory plea. (15) Judgment of cassetur breve (that the writ be quashed). A judgment rendered in favor of a party pleading in abatement to a writ. (16) Judgment of error. A judgment rendered by an appellate court on a record sent up from an inferior court. (17) Judgment of respondeat ouster. One rendered against a defendant that he do answer over after he has failed to establish a dilatory plea. (18) Judgment quod partes replacitent. A judgment for repleader. (19) Judgment nul tiel record. One rendered upon a plea denying the existence of a record. (20) Judgment capiatur. One formerly rendered against a defendant in a civil action for a wrong vi et armis, rendering him liable to arrest and imprisonment until a fine was paid to the king for the breach of the peace. (21) Judgment non obstante veredicto. A judgment rendered without regard to a verdict rendered in the action.

See Non Obstante Veredicto.