Law Dictionary

See Judgment of non pros .

when for the plaintiff, 1s that he recover an ascertained sum for his damages, which he has sustained by reason of the breach or breaches of his covenant, together with costs of su

The judgment rendered on a writ of error. See Error .

A judgment in personam imposes a personal liability or obligation on one person in favor of another.

A judgment in rem binds all the world, but the facts on which it necessarily proceeds are not established against all the world

Such a lien confers a right to levy on the land to the exclusion of other adverse interests acquired subsequently to the judgment, but the lien constitutes no property or right in

That the judgment must be responsive to the writ, and must, therefore, either be given for the whole sum demanded, or exhibit the cause why it is given for a less sum. Otherwise no

A judgment entered for failure to plead. See 77 Tex. 273, 14 S. W. 59.

A judgment entered on the return of the nisi priua record with the postea indorsed, which will become absolute according to the terms of the "postea" unless the court out of which

A judgment rendered in one's favor notwithstanding a verdict against him.

Same as Judgment by non sum informatus.

A promissory note given in the usual form, and containing, in addition, a power of attorney to appear and confess judgment for the sum therein named.

The motion for judgment cannot be granted unless, as matter of law, the opponent of the movant failed to make a case and, therefore, a verdict in movant's favor should have been di

A judgment entered now for then, i. e., as of a previous date.

A judgment enforceable against a future interest.

See Cassetur billa .

See Cassetur breve .

the judgment of a court of concurrent jurisdiction directly upon the point is, as a plea, a bar, or, as evidence, conclusive between the same parties on the same matter directly in

the judgment of a court of exclusive jurisdiction directly upon the point is, in like manner, conclusive upon the same matter between the same parties, coming incidentally in quest

at common law, a trial by a jury of twelve men.

Same as Judgment of nil capiat per breve.

A judgment for the defendant on an issue raised by a plea in bar or plea in abatement.

A judgment for the defendant upon the plaintiff’s formal refusal to proceed.

A judgment rendered against the plaintiff for failing to proceed with his action. See Non prosequitur . Judgment of nonsuit. A judgment against the plaintiff for failure to prove a

A judgment against a plaintiff who withdraws his action.

It is well established that a judgment on demurrer is as conclusive as one rendered upon proof. ... The general rule of the extent of the bar is not only what was pleaded or litiga

A decree of that kind, unless made because of some defect in the pleadings, or for want of jurisdiction, or because the complainant has an adequate remedy at law, or upon some othe

A judgment rendered on motion for insufficiency of the pleadings of the adverse party to sustain a judgment for him. See 159 Mo. 617, 53 L. R. A. 438, 60 S. W. 1114.

A judgment for the party in whose favor the verdict is found.

In English practice. An incipitur of the pleadings, written on plain paper, upon which the master will sign judgment. 1 Archb. Prac. 229, 306, 343.

A judgment ordering a restoration of goods.

A judgment against an heir or an executor enforceable only against future assets.

A judgment quasi in rem affects the interests of particular persons in designated property.

A judgment ordering the defendant to account.

A judgment ordering a repleader. See Repleader .

A judgment ordering a partition. Judgment quod recuperet. A judgment for the plaintiff rendered otherwise than upon a dilatory plea.

It is perfectly clear that as to them a judgment cannot be rendered beyond the penalty, to be discharged on payment of what is actually due; which of course can only be where it is

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

A plea by a defendant that the plaintiff has already recovered that which he seeks to obtain by his action. This was formerly a species of sham plea, often put in for the purpose o

In English law. A record made of the issue roll (q. v.), which, after final judgment has been given in the cause, assumes this name. Steph. PI. 133; 3 Chit. St. 514. JUDICANDUM EST

judgments at law or decrees in chancery, affecting rights of parties to property. They bind only the parties before the court and those who stand in privity with them.

They certainly are not foreign judgments under the Constitution and laws of Congress in any proper sense, because they 'shall have such faith and credit given to them in every othe

uon ezemp Us, I. Judgment is to be given according to laws, not precedents.

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

To Judge; to decide or determine Judicially; to give Judgment or sentence.

In Civil Law. Judging; the pronouncing of sentence, after hearing a cause. Halifax, Civil Law b. 3, c. 8, no. 7.

Tenants who performed judicial functions under their tenure.

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 sometime

the Courts of Chancery, Queen's Bench, Common Pleas, Exchequer, Probate, the Court for Matrimonial

A series of acts of parliament reforming and consolidating the English courts, and simplifying the procedure therein. St. 36 & 37 Vict. c. 66, and St. 38 & 39 Vict. c. 77, and amen

I. Judges. Judices non tenentur exprimere cansam senteiitise suae: judges are not bound to express the reason of their sentence or judgment In the civil law. Judices ordinarii: or

Judges are not bound to give the reasons for their decisions.

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

Plural of Judex ordinarius.

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

Plural of Judex pedaneus.

Plural of Judex selectus.

In thecivillaw. The ordinary judices appointed by the praetor to try causes.

Trials; judgments; decisions.

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.

Judgments in the king’s court are not to be ignored, but they stand in force until annulled by error or attaint.

Judgments often mature through deliberations, never through hastened process.

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

But the appearance of an infant to a suit brought against him, is not a judicial act. The appointment of a guardian to defend the suit; and the taking his examination when a fine i

An act performed by a court, touching the rights of parties, or property, brought before it by voluntary appearance, or by the prior action of ministerial officers, in short, by mi

Acts requiring the exercise of some judicial discretion, as distinguished from ministerial acts, which require none. Rapalje & L.

One made voluntarily before a court or magistrate.

One made voluntarily in court or before a magistrate. Judicial Committee of the Privy Council: v. Court, 14, 89. Judicial sale: a sale by order of court; under judicial authority,

Admissions of the party which appear of record as the admissions of the party. JUDICIAL COMMITTEE OF THE PRIVY council. In English law. A tribunal, composed of members of the privy

The power and authority appertaining to the oflice of a judge; jurisdiction; the official right to hear and determine questions in controversy. JUDICIAL COMMITTEE OF THE

“judicial branch” means the Supreme Court of the United States; the United States courts of appeals; the United States district courts; the Court of International Trade; the United

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

His discretion is not arbitrary and uncontrolled, but judicial, to be exercised in conformity with the standards governing the judicial office. He may analyze and dissect the evide

An English tribunal which had jurisdiction of appeals in admiralty and lunacy cases until 1873.

The primary purpose of the prohibition against diminution was not to benefit the judges, but, like the clause in respect of tenure, to attract good and competent men to the bench a

The term “Judicial Conference” means the Judicial Conference of the United States.

Same as Judicial admission.

In criminal law. Those voluntarily made before a magistrate, or in a court, in the due course of legal proceedings. A preliminary examination, taken in writing, by a magistrate law

In construing these laws, it has been truly stated to be the duty of the court to effect the intention of the legislature; but this intention is to be searched for in the words whi

An agreement pursuant to an order of court.

Agreements entered into in consequence of an order of court; as, for example, entering into a bond on taking out a writ of sequestration. 6 Mart. (La.; N. S.) 494.

One in which legal and judicial business can be transacted. Cf., Legal day, Dies non. See 48 La. Ann. 1088, 20 South. 281.

An opinion of a court or judge on the law as applied to the facts in a case. See 73 Miss. 463, 19 South. 211.

The opinions or determinations of the judges in causes before them. Hale, Hist. Crim. Law, 68; Willes, 666; 3 Barn. & Aid. 122; 1 H. Bl. 63; 5 Maule & S. 185. See "Dictum."

That department of government which interprets, construes and applies the laws. 270 111. 510.

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

The discharge of an insolvent under our statute is a judicial act, of a record character, and is in its nature, as it must be in contemplation of law, the most satisfactory evidenc

That exercise implies conscientious judgment, not arbitrary action. It takes account of the law and the particular circumstances of the case and is 'directed by the reason and cons

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

The terms “district” and “judicial district” means the districts enumerated in Chapter 5 of this title. / In this section, “judicial district” means (i) in the case of a United Sta

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

It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret th

The term “judicial employee” means any employee of the judicial branch of the Government, of the United States Sentencing Commission, of the Tax Court, of the Court of Federal Clai

where the statutory language and legislative history are unclear, the propriety of judicial enforcement turns on the importance of the duty in the scheme of the Act, the capacity o

For purposes of this subsection, the term “judicial enforcement period” means, with respect to any summons, the period— (A) which begins on the day on which a court proceeding with

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

The exercise of the Judicial faculty or office. The capacity to act in the specific way which appertains to the Judicial power, as one of the powers of government dlciary as a depa

it is a general principle applicable to all judicial officers, that they are not liable to a civil action for any judicial act done within their jurisdiction. In reference to judge

A judicial inquiry investigates, declares and enforces liabilities as they stand on present or past facts and under laws supposed already to exist. That is its purpose and end.