Page:Black's Law Dictionary (Second Edition).djvu/673

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JUDGMENT

v. Brown & Sharpe Mfg. Co., 18 R. I. 16, 25 Ati. 246, 17 L. R. A. 856.

The final determination of the rights or the parties in an uctiou or proceeding. Pearson v. Loiejoy, 53 Barb. (N Y.) 407: Har- I-in v. State, 78 Iowa. 2%. 43 N. W. 210; Bird v. Young. 56 Ohio St. 210. 46 N. E.

819: in re Smith's Estate, 98 Cal. 636. 33 P-ac 74-1: in re Beck, 63 Kan. 57. 64 Pac. 971: Bell v. Otts. 101 Ala 186. 13 South.

43, 46 Am. St. Rep. 117.

'1he sentence of the law pronounced by the court upon the matter appearing from the previous proceedings in the suit. It is the couciuslon that unfurally folious 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. proiioiinced by a competent juhe or court, as the result of an action or proceeding instituted in such court, alhrming that, upon the inatters submitird for its decision. ii legal duty or liability does or does not ex- lsl 1 Black. Judgin. § 1: Gunter v. Eainest. (33 Ark. 180. 56 S. W‘. 876.

The term “jud_;ment" is also used to de- note the reason uhlch the court gives for its decision; but this is more properly denomi- uiited nu “opinion."

Glassiiicution. Judgments are either in rem or in personu.iii.; as to which see Juno- MENT Ii‘! REM, JUDGME;\"'i‘ IN PERSONAM.

Judgnieiits are either fiiml or interlocutorn. A fimzl judgment is one which puts an end to an action at law by declaring that the -pl-iiiitiff either has or has not entitled himself to recover tile remcdv he sues for. 3 Bl. Comm. 398. So distinguished from iiifcr-lncutory judgments, which merely establish the right of the plnlntiif to recover, in geiici-il terms. Id. 397. A judgment which llL‘i(-‘l‘l.|ll.1i€S a particular cause. Bost- wick v. Bl'll'il\€l1lOfl‘, 100 U. S. 3, 1 Slip. Ct. 15. 27 L. Ed. 73; Klever v. Seawall. 65 Fed. 377. 12 C. C. A. 653: Pfciffer v. Crane, 89 ind. 4ST; 1\'eison v. Brown. 59 Vt. 601. 10 Atl. 721. A judgment which cannot be appc-iled from which is perfectly conclusive upon the matter adjudicated. Snell v. Cotton Gin Mfg. Co., 2-1 Pick. (Mnss.) 900. A judgment which terminates all litigation on the same right. The term “flnai jud;;nient." in the iudlciary act of 1789. 5 25. includes both species of judgnients as just defined. 1 Kent Comm. 316; Weston v. Charleston, 2 Pet. 494. T L. Ed. 481: Forgaiy v. Conrad. 6 How. 201. 209. 12 L. Ed 404. A juilguicut which is not fluni is called "interlocutory :" that is, an interlocutory judgment is one nliich determines some preliminary or sub- ordinate point or plea, or settles some step. Illlestinr, 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 anv provisional or accessory claim ur contention is, in general,

665

JUDGMENT

merely interlocutory, although it may finally dispose of that particular matter. 1 Black, Judgm. 5 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 pro- nounced by a tribunal of a foreign country, or of a sister state. Karns v. Kunkie, 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 is rendered after the substance and matter of the case have been judicially in- vestigated, and the court has decided which party is in the right; as distinguished from a judgment which turns upon some prelimi- nary matter or technical point, or which. in consequence of the act or default or one of the parties, is given without I: contest or trial.

Of judgments rendered without a regular trial, or without a complete trial, the several species are enumerated below. And first:

Judgment D11 default is a judgment ob- tained 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 Louisi- ana, the term “cantmflirtnr1I Judgment" is used to distinguish a judpzment given after the parties have been heard. either in support of their claim or in their defense. from a judgment by default. Cox's Exec- utors v. Thomas. 11 La. 366.

Judgment by confession is where :1 defendant gives the plaintiff a cn_z7nm:1't or written coiif:-ssion of the action (or “confession of judgment," as it is frequently call- ed) by virtue of which the plaintiff enters judgment.

Judgment nil dicit is in judgment rendered for the plaintiff when the defendant “says nothing :" that is, when he neglects to plead to the plniutlifs declaration within the prop- er lime.

Judgment by non sum tnformutmi is one which is rendered when, instead of entering ii plea, the defendant's attorney says he is not informed of any ansixer to be given to the action. Stepb. Pl. 130.

Judgment of iL01'l3‘llil is of two kinds.— voluntary and involuntary. When plaintiff abandons his case, uud consents that judgment go against him for costs. it is volun- L

tary. But when he, being called. ncglects to appear, or when he has given no evidence on which a jury coiiid find a verdict. it is in- voluntary. Freem. Judgm. 5 6.

Judgment of rri7~a.ri'i. A judgment rendered where. after appearance and before