Page:Black's Law Dictionary (Second Edition).djvu/674

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


JUDGMENT

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 rc!7'ua*x'i is an open, voluntary renunciation of his claim in court, and by it he forever loses his action.

Judgment of Malta proscqzri. This judgment is entered when plaintiff declares that he wlli not further prosecute his suit, or entry of a stat processes, by which plaintttt agrees that all further proceedings shall be staj cd.

Judgment of non pros. (non prosequimr) is one given against the plaintiff for a neglect to take any of those steps vshich it is incumbent on him to take in due time.

Judgment of cassctiar brerc or mild (that the writ or bi.ii 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 capidt per breve or per bfllum is a judgment in favor of the defend- ant upon an issue raised upon a declaration or peremptory plea.

Judgment quad pm-tex replaoitcnt. This is a judgment of repleadcr, 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 plcadings.

Judgment of respondent ouster is a judgment giien against the defendant, requiring him to “answer over," after he has fail- ed to establish a dilatory plea upon which an issue in law has iyeen raised.

Judgment quad recuperci is a judgment in favor of the pialnti.L'f, (that he do recover.) rendered when he has prevailed upon ‘III issue in fact or an issue in law other than one arising on a dilatory plea. Steph. Pl. 126.

Judgment non obsmnte rcrcdicta is :1 judgment entered for the plaintiff "notwith- standing the \erdict” which has been given for defendant; which may be done where, after verdict and iyefore judgment. it appears by the record that the matters pleaded or replied to, although verified by the xerdlct, are insniiicient to constitute a defense or har to the action.

Special, technical names are given to the jut1_:'nlents rendered in certain actions. These are explained as follows:

.iud.r:meut quad compuicl.‘ is a judgment in an action of ac-count—render that the defend- ant do account.

Judgment qnod partiiio fiat is the inter- locutor_\' judgment in a Writ of partition, that partition be made.

Judgment qmmtio accidcrint. If on the plea of plcne udrrninistrarit in an action against an executor or administrator, or on the plea of riens per tics-cent in an action against an heir, the plaintiff, instead of

[366

JUDGMENT

taking issue on the plea, take judgraent of assets quundo docidcrint, in this case. it assets afterwards come to the hands of the executor or heir, the plaintiff must first sue out a sctre jncias. before he can have ex- ecution. lf, upon this scirc flzcms, assets ‘be found for part, the plaintiff may have judgment to recover so much imlnediateb“. and the residue of the assets in future. 1 Sid. 448.

Judgment do mrlioribus 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 M taking judgment for the greater damages (de meliru-i- bus danmis) against that defendant, and entering a nail!» prosequi (q. o.) 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 ternm. A canditiorm-I 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 mnj inecome of no effect if the defendant appears and pleads according to its terms, or one winch orders the sale of mortgaged property in a foreclosure proceeding unless the mort- gagor shall pay the amount decreed “ithlli the time limited. Mahouey v. Loan Assn (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 une\'ecuied that execution cannot now he 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 fiom the failure to issue execution on it or take other steps to enforce it with- in the time limited ivy statute. 1 Black. Judgm. (M ed) § 462. Judgment nisi. AI common law, this was a judgment entered on the return of the n-isi pains record. which, according to the terms of the postal, was to become absolute unless: otherwise ordered by the court within the first four days of the nest succeeding term. See U. S. r. Winstead (D. C.) 12 Fed. 51: Young v. .\ic- Pherson, 3 N. J. Law. 897. Judgment of his peers. A trial by a jury of twelve men 11'-— cording to the course of the common law. Fetter v. Wilt, 40 Pa. 460; State v. Sunons. 61 Kan. T52, 60 Pac. 1052; Newiand v. l\I:1rsil. 19 I11. 382.

—Jndg-ment-‘book. A book required to be kept by the cloth. among the records of the court, for the entry of judgments. Cutie N‘. 1'

§ 279. In re WEIIEI, 4 N. D. 119, 59 N. W