Page:Black's Law Dictionary (Second Edition).djvu/675

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JUDGMENT

593. 28 L. R. A. 6'2l.—'|'I1dg'ment creditor. One who is entitled to enforce a judgment by execution, (41. 1;.) The owner of an unsatisfied judgment.—Jndg-ment debtor. A person against whom judgment has been recovered, and which remains unsat.isficd.—Judgment debt- or summons. Iinder the English haukruptcy l|LL l5~Ii1. §§ 7(‘:—8<'i, these summonses might be issllcri against both traders and non-traders, and, in default of payment of, or security or agreed composition for, the debt, the debtors might be

Il‘lJllt‘li('1I[‘t‘l bankrupt. This act “as repealed

by 32 & 83 Vict. 1:. Si. 5 20. The 3” &-, .13 Vict. c. Tl. houcver. (bankruptcy act, 18h. .) provides (section 7) for the granting of a “debloi-‘s sum- mons." at the instance of creditors, and. in the e\'I-‘lit of failure to pay or compound. a petition for adjudication mnv he [i|'l'$l‘lltPll, unless in the events provided for by that section. Whartun.—-Judgment debts. Debts, whether on . mple contract or by specialty, for the recovery of which judgment has been entered up. cithrr upon a cognomt or upon 5, warrant of attorney or as the result of a successful action. Brown. —Tudgn1ent docket. A list or doclrnt of the J-Jllgflientfl entered in a given court. methodical- I\ kept by the clerk or other pl'n1'IE‘l' officer. open to public Inspection, and lutendcd to alford of- Iiciai notice to interested parties of the exist-

-uce or lieu of judgments.—Jndgment lien.

.\ hen binding the real estate of a. judgrmnnt ale-htor. in favor of the holder of the jud,",1.nent. nud giving the latter a right to ievy on the land for the satisfaction of his judgment to the uxclusion of other adverse interests suhscqnent ' - ant. Ashton v. Slat:-r. 19 Minn. (Gil. 300 ; Shirk v. Thomas. 121 Ind. 1-17, .. .‘1. D. , 16 Am‘ St. Rep. 3Sl.—Jndgment note. A prnnussory note. cmhodvinu on -mtbnrization to any attorney, or to a designated attorney, or to the holder, or the clerk of the mart, to enter an appcamuce for the maker and ..,nfeSs a judgment against him for a sum there- in named. upon default of payment of the note. —Jud,gment paper. In English practice. A shcct of paper containing an inc-ipilnr of the plmdings in an action at law. upon which finni pulgmcnt is signed by the master. 2 Tilid. Pr 030. ndgment record. In English practice. A parchment roll, on which are transcribcd the whole proceedings in the cause. deposited and filed of record in the trcasliry of the court. after signing of judgment. 3 Stcph. Comm. G32. In American practice, the record is signed, filed, and docketed by the ciei-k.—-Judgment roll. In English practice. A roll of parchment coutanning the entries of the prnrecdings in an action at law to the entry of judimient inclusive. and which is filed in the treasury of the court l Arch. Pr. K. ii. 227 223: 2 Tidd. Pr. 931. See ROLL.—JI1n1ol' judgment. One which was rendered or cntcrcd after the rendition or cntry of another judgment. on a different claim, against the same defcndaIit.—Mcney judgment. One which 2ulj|lllL_'Ps the payment of a sum of money, as distinguished from one directing an act to be done or property to be restored nr transfel‘l'r:(l. Fulir,-r v. Aviesvworth. 75 Fed. G94. 21 C. C. A. 505' Pcndleton v. (‘iine, 85 Cal. 142. 24 Pac. l559.—PeraonaI judgment. one imposing on the dcrenrlaut a personal lia- hility to pay it, and which may therefore he satisfin-d out of an of his property which is with- in the reach o process, as distinguished from one uhirh may be satisfied only cut of a pariir-ular fund or the proceeds of partixular prop- rlty Thus. in a mortgage foreclosure suit, there may he a personal judgment against the mortga-,znr for any deficiency that mav remain after the sale of the mortgaged premises. See 3:}:-dwell v. Collins. 44 Minn. 97. 46 N. W . Ii. A. '


'. 315,

152. 21) Am. St. Rep. ‘.'>17.—Pucket judgment. A statute-mcrclnant which was en- forceable at any time after non-payment on the day assigned, Without further proceedings. \\’harlon.

667

JUDICANDUM EST LEGIBUS

JUDGMENT IN PERSONAM. A judgment against a particular person, as distin- guished from a judgment against a thing or a right or status. The former class of judgments are conclusive only upon parties and prlvies: the latter upon all the world. See next title.

JUDGMENT IN REM. A judgment in rrm 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 1zerao11u.m, in this: that the latter judgment is in form, as well as substance. bet“ een the parties claiming the right: and that it is so intrr porters appears by the record itself. It is binding only upon the partits appearing to be such by the record, and those claiming by them. A judgment in ram is founded on a proceeding iinstituted, 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 ipsn forth renders it what it declares it to be. Wood- ruff v. Taylor. 20 Vt. 73. And see Martin v. King. 72 A121. 360: Lord v Chatiiiourne, 42 Me. 429. 66 mn. Dec. 290; Fiine v. Hussey. 45 Ala. 496: Cross v. Armstronz. 44 Ohio St. 613. 10 N. E. 160.

Various definitions have been given of a judgment in rem, but all are criticised as either icnomplete or comprehending too much. It is generally said to be a _ gment dcr-laratory of the sta.tu.a of some snbjec matter. Wlmther this be a person or It thing. Thim, the prohnte of a will fixes the storm: of the document as a will. The personal rights and interests which follow are mere incidcntai results of the status or character of the paper, and do not appear on the face of the judgment. So. a decree estab- lishing or dissolving a marriage is a judgment in rem. because it fixes the status of the person. A judzzment of for-feitlire, by the proper tribunal. against specific articins or goods, for a violation of the revenue laws, is a 1'ud_emr~nt in rem-. But it is objected that the c toniary definition does not fit such a case. because there is no fixing of the status of anything, the whole elicct being a seizure. “hatcver the llling may be. In the foregoing instances, and many othera, the judgment is condusive against all the world, without reference to actual presence or participation in the proceedings. If the expression “strictly in rem" may be applied to any class of cases. it should be confined to such as these. “A very nbic writer says: ‘The distin- guishing characteristic of judgments in rem is that, Wherever their obligation is recognized and enforced as against any person. it is equally recognized nnd enforced as against all persons.‘ It seems to us that the true dc-hnition of a ‘judgment in rem‘ is ‘an adjudication‘ against some person or thing, or upon the status of some sub- ject-matter; whixh, wherever and whenever hinding upon any person, is equally binding upon all persons." Bnrtcro v. Real Estate Savings Bank. 10 Mo. App. 78.


Jndicauidnru est legibus, nun exemp-

lis. Judgment is to be given according to