judgment

the judgment is an obligation to pay money in the nature of a debt upon the specialty. Recovery upon it can be resisted only on the grounds that the court which rendered it was without jurisdiction... or that it has ceased to be obligatory because of payment or other discharge.

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."

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 determination. People v. Hebei, 19 Colo. App. 523, 76 Pac. 550; Bullock v. Bullock, 52 N. J. Eq. 561, 30 Atl. 676, ,27 L. R. A. 213, 46 Am. St. Rep. 528; Eppright v. Kauffman, 90 Mo. 25, 1 S. W. 736; State v. Brown & Sharpe Mfg. Co., 18 R. I. 16, 25 Atl. 246, 17 In R. A. 856. The final determination of the rights of the parties in an action or proceeding. Pearson v. Love joy, 53 Barb. (N. Y.) 407; Harbin v. State, 78 Iowa, 263, 43 N. W. 210; Bird v. Young, 56 Ohio St. 210, 46 N. E. 819; In re Smith's Estate, 98 Cal. 636, 33 Pac. 744; In re Beck, 63 Kan. 57, 64 Pac. 971; Bell v. Otis, 101 Ala. 186, 13 South. 43, 46 Am. St. Rep. 117. The sentence of the law pronounced by the court upon the matter appearing from the previous proceedings in the suit. It is the conclusion that naturally follows from the premises of law and fact. Branch v. Branch, 5 Fla. 450; In re Sedgeley Ave., 88 Pa. 513. The determination or sentence of the law, pronounced by a competent judge or court, as the result of an action or proceeding instituted in such court, affirming that, upon the matters submitted for its decision, a legal duty or liability does or does not exist. 1 Black, Judgm. § 1; Gunter v. Earnest, 68 Ark. 180, 56 S. W. 876. The term "judgment" is also used to denote the reason which the court gives for its decision; but this is more properly denominated an "opinion." Classification. Judgments are either in rem or in personam; as to which see Judgment in Rem, Judgment in Personam. Judgments are either final or interlocutory. A final judgment is one which puts an end to an action at law by declaring that the plaintiff either has or has not entitled himself to recover the remedy he sues for. 3 Bl. Comm. 398. So distinguished from interlocutory judgments, which merely establish the right of the plaintiff to recover, in general terms. Id. 397. A judgment which determines a particular cause. Bost-wick v. Brinkerhoff, 106 U. S. 3, 1 Sup. Ct. 15, 27 L. Ed. 73; Klever v. Seawall, 65 Fed. 377, 12 C. C. A. 653; Pfeiffer v. Crane, 89 Ind. 487; Nelson v. Brown, 59 Vt. 601, 10 Atl. 721. A judgment which cannot be appealed from, which is perfectly conclusive upon the matter adjudicated. Snell v. Cotton Gin Mfg. Co., 24 Pick. (Mass.) 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 defined. 1 Kent, Comm. 316; Weston v. Charleston, 2 Pet. 494, 7 L. Ed. 481; Forgay v. Conrad, 6 How. 201, 209, 12 L. Ed. 404. A judgment which is not final is called "interlocutory;" that is, an interlocutory judgment is one which determines some preliminary or subordinate point or plea, or settles some step, question, or default arising in the progress of the cause, but does not adjudicate the ultimate rights of the parties, or finally put the case out of court. Thus, a judgment or order passed upon any provisional or accessory claim or contention is, in general, merely interlocutory, although it may finally dispose of that particniar matter. 1 Black, Judgm. § 21. Judgments are either domestic or foreign. A judgment or decree is domestic in the courts of the same state or country where it was originally rendered; in other states or countries it is calied foreign. A foreign Judgment is one rendered by the courts of a state or country politically and judicially distinct from that where the judgment or its effect is brought in question. One pronounced by a tribunal of a foreign country, or of a sister state. Karns v. Kunkle, 2 Minn. 313 (Gil. 268); Gulick v. Loder, 13 N. J. Law, 68, 23 Am. Dec. 711. A judgment may be upon the merits, or it may not. A judgment on the merits is one which ls rendered after the substance and matter of the case have been judicially investigated, and the court has decided which party ls in the right; as distinguished from a judgment which turns upon some preliminary matter or technical point, or which, in consequence of the act or default of one of the parties, is given without a contest or trial. Of judgments rendered without a regular trial, or without a complete trial, the several species are enumerated below. And first: Judgment by default is a judgment obtained by one party when the other party neglecte to take a certain necessary step in the action (as, to enter an appearance, or to plead) within the proper time. In Louisiana, the term "contradictory judgment" ls used to distinguish a judgment given after the parties have bcen heard, either in support of their claims or in their defense, from a judgment by default. Cox's Executors v. Thomas, 11 La. 366. Judgment by confession is where a defendant gives the plaintiff a cognovit or written confession of the action (or "confession of judgment," as it is frequently calied) by virtue of which the plaintiff enters judgment. Judgment nil dicit is a Judgment rendered for the plaintiff when the defendant "says nothing;" that is, when he neglects to plead to the plaintiff's declaration within the proper time. Judgment by non sum informatus is one which is rendered when, instead of entering a plea, the defendant's attorney says he ls not informed of any answer to be given to the action. Steph. PI. 130. Judgment of nonsuit is of two kinds,— voluntary and involuntary. When plaintiff abandons his case, and consents that judgment go against him for costs, it is voluntary. But when he, being called, neglects to appear, or when he has given no evidence on which a jury could find a verdict, it is involuntary. Freem. Judgm. § 6. Judgment of retraxit. A judgment rendered where, after appearance and before verdict, the plaintiff voluntarily goes into court and enters on the record that he "withdraws his suit." It differs from a nonsuit. In the latter case the plaintiff may sue again, upon payment of costs; but a retraxit is an open, voluntary renunciation of his claim in court, and by it he forever loses his action. Judgment of nolle prosequi. This judgment is entered when plaintiff declares that he will not further prosecute his suit, or entry of a stet processus, by which plaintiff agrees that all further proceedings shall be stayed. Judgment of non pros, (non prosequitur) is one given against the plaintiff for a neglect to take any of those steps which it is incumbent on him to take in due time. Judgment of cassetur breve or billa (that the writ or bill be quashed) is a judgment rendered in favor of a party pleading in abatement to a writ or action. Steph. PI. 130, 131. Judgment of nil capiat per breve or per billam is a judgment in favor of the defendant upon an issue raised upon a declaration or peremptory plea. Judgment quod partes replacitent. This is a judgment of repleader, and is given if an issue is formed on so immaterial a point that the court cannot know for whom to give judgment. The parties must then reconstruct their pleadings. Judgment of respondeat ouster is a judgment given against the defendant, requiring hint to "answer over," after he has failed to establish a dilatory plea upon which an issue in law has been raised. Judgment quod recuperet is a judgment in favor of the plaintiff, (that he do recover,) rendered when he has prevailed upon an issue in fact or an issue in law other than one arising on a dilatory plea. Steph. Pi. 126. Judgment non obstante veredicto is a judgment entered for the plaintiff "notwithstanding the verdict" which has been given for defendant; which may be done where, after verdict and before judgment, it appears by the record that the matters pleaded or replied to, although verified by the verdict, are insufficient to constitute a defense or bar to the action. Special, technical names are given to the judgments rendered in certain actions. These are explained as follows: Judgment quod computet ls a judgment in an action of account-render that the defendant do account. Judgment quod partitio fiat is the interlocutory judgment in a writ of partition, that partition be made. Judgment quando acciderint. If on the plea of plene administravit in an action against an executor or administrator, or on the plea of riens per descent in an action against an heir, the plaintiff, instead of taking issue on the plea, take judgment of assets quando acciderint, in this case, if assets afterwards come to the hands of the executor or heir, the plaintiff must first sue out a scire facias, before he can have execution. If, upon this scire facias, assets be found for part, the plaintiff may have judgment to recover so much immediately, and the residue of the assets in futuro. 1 Sid. 448. Judgment de melioribus damnis. Where, in an action against several persons for a joint tort, the jury by mistake sever the damages by giving heavier damages against one defendant than against the others, the plaintiff may cure the defect by taking judgment for the greater damages (de melioribus damnis) against that defendant, and entering a nolle prosequi (q. v.) against the others. Sweet. Judgment in error is a judgment rendered by a court of error on a record sent up from an inferior court. Other compound and descriptive terms. A conditional judgment is one whose force depends upon the performance of certain acts to be done in the future by one of the parties; as, one which may become of no effect lf the defendant appears and pleads according to its terms, or one which orders the sale of mortgaged property in a foreclosure proceeding unless the mortgagor shall pay the amount decreed within the time limited. Mahoney v. Loan Ass'ii (C. C.) 70 Fed. 513; Simmons v. Jones, 118 N. C. 472, 24 S. E. 114. Consent judgment. One entered upon the consent of the parties, and in pursuance of their agreement as to what the terms of the judgment shall be. Henry v. Hilliard, 120 N. C. 479, 27 S. E. 130. A dormant judgment is one which has not been satisfied nor extinguished by lapse of time, but which has remained so long unexecuted that execution cannot now be issued upon it without first reviving the judgment. Draper v. Nixon, 93 Ala. 436, 8 South. 489. Or one which has lost its lien on land from the failure to Issue execution on it or take other steps to enforce it within the time limited by statute. 1 Black, Judgm. (2d ed.) § 462. Judgment nisi. At common law, this was a judgment entered on the return of the nisi prius record, which, according to the terms of the postea, was to become absolute unless otherwise ordered by the court within the first four days of the next succeeding term. See U. S. v. Winstead (D. C.) 12 Fed. 51; Young v. McPherson, 3 N. J. Law, 807. Judgment of his peers. A irial by a jury of twelve men according to the course of the common law. Fetter v. Wilt, 46 Pa. 460; State v. Simons, 61 Kan. 752, 60 Pac. 1052; Newland v. Marsh, 19 III. 382.

— Judgment-book. 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,

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

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

— Judgment debtor summons. 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 composition for, the debt, the debtors might be adjudicated bankrupt. This act was repealed by 32 & 33 Viet. c. 83, § 20. The 32 & 33 Viet, c. 71, however, (bankruptcy act, 1869,) provides (section 7) for the granting of a "debtor's summons," at the instance of creditors, and, in the event of failure to pay or compound, a petition for adjudication may be presented, unless in the events provided for by that section. Wharton.

— Judgment debts. 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 successful action. Brown.

— Judgment docket. 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 notice to interested parties of the existence or lien of judgments.

— Judgment lien. 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 to the exclusion of other adverse interests subsequent to the judgment. Ashton v. Slater, 19 Minn. 351 (Gil. 300); Shirk v. Thomas, 121 Ind. 147, 22 N. E. 076, 16 Am. St. Rep. 381.

— Judgment note. 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 confess a j'udgment against him for a sum therein named, upon default of payment of the note.

— Judgment paper. 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.

— Judgment record. 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 judgment. 3 Steph. Comm. 632. In American practice, the record is signed, filed, and docketed by the clerk.

— Judgment roll. In English practice. A roll of parchment containing the entries of the proceedings in an action at law to the entry of judgment inclusive, and which is filed in the treasury of the court. 1 Arch. Pr. K. B. 227, 228 ; 2 Tidd, Pr. 931. See Roll.

— Junior judgment. One which was rendered or entered after the rendition or entry of another judgment, on a different claim, against the same defendant.

— Money judgment. One which adjudges the payment of a sum of money, as distinguished from one directing an act to be done or property to be restored or transferred. Fuller v. Aylesworth, 75 Fed. 694, 21 C. C. A. 505; Pendleton v. Cline, 85 Cal. 142, 24 Pac. 659.

— Personal judgment. One imposing on the defendant a personal liability to pay it, and which may therefore be satisfied out of any of his property which is within the reach of process, as distinguished from one which may be satisfied only out of a particular fund or the proceeds of particular property. Thus, in a mortgage foreclosure suit, there may be a personal judgment against the mortgagor for any deficiency that may remain after the sale of the mortgaged premises. Se6 Bardwell v. Collins, 44 Minn. 97, 46 N. W. 315, 9 L. R. A. 152, 20 Am. St Rep. 547.

— Pocket jndgment. A stafute-merchant which was enforceable at any time after non-payment on the day assigned, without further proceedings. Wharton.

Judicium, 2., Jugement,/r. The sentence of the law pronounced by a court upon the matter contained in the record; the act, process or business of judging, that is, of hearing as well as determining a cause. Judgment debt: a debt due by judgment. Judgment ord: a record of the proceedings in an action at law, from the beginning of the pleadings to the giving of judgment inclusive.

In English law. Judgment nisi: a judgment to become absolute unless within the first four days of the next term the court shall order otherwise. Judgment paper: a sheet of paper containing an incipitur of the pleadings in an action at law, upon which final judgment is signed by the master. Judgment roll: a roll of parchment containing the entries of the proceedings in an action to the entry of judgment inclusive.

The oflicial and authentic decision of a court of justice upon the respective rights and claims of the parties to an action or suit thercin litigated and submitted to its determination. The conclusion of law upon facts found, or admitted by the parties, or upon their default in the course of the suit. Tidd, Pr. by a court of justice or other competent tri bunal, as the result of proceedings instituted therein for the redress of an injury. 38 BI Comm. 395; 12 Minn. 487, (Gil. 326.) A judgment is the final determination o: the rights of the parties in the action. Code N.Y. § 245; Code Civil Proc. Cal. § ome Code Civil Proc. Dak. § 228. A judgment is the final consideration and deter mination of a court of competent jurisdiction upon the matter submitted to it, aud it is only evidenced by a record, or that which is by law, as the files and journal entries of this state, substituted tn its stead. Anorder for a judgment is not the judg. ment, nor does the entry of such order partake of the nature and qualities of a judgment record, This must ¢learly ascertain not ouly the deter mination of the court upon the subject submitted, but the parties in favor of and against whom It operates. 3 Mich. 88. The term “judgment” is also used to de note the reason which the court gives for its decision; but this is more properly denomidated an “opinion.” Classification. Judgments are either in rein or in personam, as to which see June-

"That judgments and decrees rendered in a circuit or district court of the United States within any State, shall be liens on property throughout such State in the same manner and to the same extent and under the same conditions only as if such judgments and decrees had been rendered by a court of general jurisdiction of such State: Provided, That whenever the laws of any State require a judgment or decree of a State court to be registered, recorded, docketed, indexed, or any other thing to be done, in a particular manner, or in a certain office or county, or parish in the State of Louisiana before a lien shall attach, this act shall be applicable therein whenever and only whenever the laws of such State shall authorize the judgments and decrees of the United States courts to be registered, recorded, docketed, indexed, or otherwise conformed to the rules and requirements relating to the judgments and decrees of the courts of the State. Sec. 2. That the clerks of the several courts of the United States shall prepare and keep in their respective offices complete and convenient indices and cross-indices of the judgment records of said courts, and such indices and records shall at all times be open to the inspection and examination of the public. Sec. 3. Nothing herein shall be construed to require the docketing of a judgment or decree of a United States court, or the filing of a transcript thereof, in any State office within the same county or parish in the State of Louisiana in which the judgment or decree is rendered, in order that such judgment or decree may be a lien on any property within such county."

ARREST tht when 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 jeofuils, by the effect of which, judgments, in the present day, cannot, in general, be arrested for any objection of form. Steph. Pl. 117; see 3 Bl. Com. 393; 21 Vin. Ab. 457; 1 Sell. Pr. 496.