Legal Term Dictionary

A Cheshire juryman. Jacob.

A Cheshire juryman. Jacob. Less...

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. Hebe 1, 19 Colo. App. 523, 76 Pac. 550; Bullock v. Bullock, 52 N. J. Eq. 561, More...

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. Hebe 1, 19 Colo. App. 523, 76 Pac. 550; Bullock v. Bullock, 52 N. J. Eq. 561, 30 Ati. 676, 27 L. R. A. 213, 46 Am. St. Rep. 528; Eppright v. Kauffman, 90 Mo. 25, 1 S. W. 736; State Brown & Sharpe Mfg. Co., 18 R. I. 16, 26 Atl. 246, 17 L. R. A. 856. The final determination of the rights of the parties in an action or proceeding. Pearson v. Lovejoy, 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. 810; In re Smith's Estate, 98 Cal. 636, 33 Pac 744; In re Beck, 63 Kan. 57, 64 Pac. 971; Bell v. Ctts, 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. 87a 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 Jaw 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. BrinkerhofT, 106 U. S. 3, 1 Sup. Ct 15. 27 L. Ed. 73; Klever v. Seawall, 65 Fed. 877, 12 C. C. A. 653; Pfeiflfer 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 npon 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 particular 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 called 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 Loder, 13 N. J. Law, 68, 23 Am. Dec. 711. A judgment may be upon Vie merits, or it may not A judgment on the merits is one which is rendered after the substance and matter of the case have been judicially investigated, and the court has decided which party is 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 neglects 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" Is used to distinguish a judgment given after the parties have been 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 called) 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 o to the plaintiffs 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 is 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. 8 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. PL 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 him 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. PL 126. Judgment non obstante veredicto is a judgment entered for the plaintiff "notwith-" standing 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 is a judgment in an action of account-render that the defendant do account. Judgment quod partitio flat 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 flrst 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 future 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 meliori' bus 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 if 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'n .(?. G.) 70 Fed. 513; Simmons v. Jones, 118 N. C. 472, 24 S. ?}. 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 Hen 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 prints 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. O.) 12 Fed. 51; Young Mc-Pherson, 3 N. J. Law, 807. Judgment of his peers. A trial 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, 19 111. 382. -Judgment-book. A book required to be kept by the clerk, anion* the records of the court for tbe entry of judgments. Code N. Y. ? 279. In re Weber, 4 N. D. 119, 59 N. W. $23, 28 I* 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, 88 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 A 33 Vict c. 83, 8 20. The 32 & 33 Vict -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 br upon a warrant of attorney or as the result of a successful action. Brown. -Judgment dooket. 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. 800); Shirk v. Thomas, 121 Ind. 147, 22 Nv B. 976, 16 Am St Rep. 381.-Judgement 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 oconfess a judgment 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.-Jndgment record. 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 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. Ciine, 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 ox 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. See Bardwell v. Collins, 44 Minn. 97, 46 N. W. 315, 9 L. R. A. 152, 20 Am. St. Rep. 547.-Pooket Judgment. A statute-merchant which was enforceable at any time after non-payment on the day assigned, without further proceedings. Wharton. Less...

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 privies; the latter upon all the world. See next title.

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 privies; the latter upon all the world. See next title. Less...

A judgment in rem is an adjudication, pronounced upon the status of some particular subject-matter, by a tribunal having competent authority for that purpose. It differs from a judgment in personam, in this: that the latter judgment is in form, as well as substance, between the parties claiming the right; More...

A judgment in rem is an adjudication, pronounced upon the status of some particular subject-matter, by a tribunal having competent authority for that purpose. It differs from a judgment in personam, in this: that the latter judgment is in form, as well as substance, between the parties claiming the right; and that it is so inter partes appears by the record itself. It is binding only upon the parties appearing to be such by the record, and those claiming by them. A judgment in rem is founded on a proceeding instituted, not against the person, as such, but against or upon the thing or subject-matter itself, whose state or condition is to be determined. It is a proceeding to determine the state or condition of the thing itself; and the judgment is a solemn declaration upon the status of the thing, and it ipso facto renders It what it declares it to be. Woodruff v. Taylor, 20 Vt. 73. And see Martin v. King, 72 Ala. 360; Lord v. Chadbourne, 42 Me. 429, 66 Am. Dec. 290; Hlne v. Hus-sey, 45 Ala. 496; Cross v. Armstrong, 44 Ohio St 613, 10 N. BL 160. Various definitions have been given of a judgment in rem, but all are criticised as either incomplete or comprehending too much. It is generally said to be a judgment declaratory of the status of some subject-matter, whether this be a person or a thing. Thus, the probate of a will fixes the status of the document as a will. The personal rights and interests which follow are mere incidental results of the status or character of the paper, and do not appear on the face of the judgment So, a decree establishing or dissolving a marriage is a judgment in rem, because it fixes the status of the person. A judgment of forfeiture, by the proper tribunal, against specific articles or goods, for a violation of the revenue laws, is a judgment in rem. But it is objected that the customary definition does not fit such a case, because there is no fixing of the status of anything, the whole effect being a seizure, whatever the thing may be. In the foregoing instances, and many others, the judgment is conclusive against all the world, without reference to actual presence or participation in the proceedings. If the expression "strictly in rem*9 may be applied to any class of cases, it should be confined to such as these. "A very able writer says: 'The distinguishing characteristic of judgments in rem is that, wherever their obligation is recognized and enforced as against any person, it is equally recognized and enforced as against all persons.' It seems to us that the true definition of a 'judgment in rem* is 'an adjudication' against some person or thing, or upon the status of some subject-matter; which, wherever and whenever binding upon any person, is equally binding upon all persons." Bartero v. Real Estate Savings Bank, 10 Mo. App. 78. Judioandum est legions, non enemp-lis. Judgment is to be given according to the laws, not according to examples or precedents. 4 Coke, 336; 4 Bl. Comm. 405. Less...

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

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

Lat In the civil law. judging; the pronouncing of sentence, after hearing a cause. Hallifax, Civil Law, b. 3, c. 8, no. 7.

Lat In the civil law. judging; the pronouncing of sentence, after hearing a cause. Hallifax, Civil Law, b. 3, c. 8, no. 7. Less...

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 custom. Jenk. Cent 71.

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 custom. Jenk. Cent 71. Less...

1. 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 judicial action; the scope or extent of jurisdiction." -Judicature acts. The statutes of 36 & 37 Vict. c. 66, and 38 More...

1. 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 judicial action; the scope or extent of jurisdiction." -Judicature acts. The statutes of 36 & 37 Vict. c. 66, and 38 & 39 Vict c. 77, which went into force November 1, 1875, with amendments in 1877, c 9; 1879, c. 78; and 1881, c 68,- made most important changes in the organization of, and methods of procedure in, the superior courts of England, consolidating them together so as to constitute one supreme court of judicature, consisting of two divisions,-her majesty's high court of justice, having chiefly original jurisdiction; and her majesty's court of appeal, whose jurisdiction is chiefly appellate. Judiees non tenentnr ejcprimere cau-iam sententisB suae. Jenk. Cent. 75. Judges are not bound to explain the reason of their sentence. Less...

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

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

Lat In the civil law. The ordinary judiees appointed by the praetor to try causes.

Lat In the civil law. The ordinary judiees appointed by the praetor to try causes. Less...