JUDGMENT. In Practice. The con elusion of law upon facts found, or admitted by the parties, or upon their default in the course of the suit. Tidd, Pract. 930.
The decision or sentence of the law, given by a court of justice -or other competent tri bunal, as the result of proceedings instituted therein for the redress of an injury.
Judgment of cassebur breve or bilk (that the writ or bill be quashed) is a judgment ren dered in favor of a party pleading in abate ment to a writ or action. Stephen, Plead. 130, 131.
Judgment by confession a judgment en tered for the plaintiff in case the defendant, instead of entering a plea, confesses the ac tion, or at any time before trial confesses the action and withdraws his plea and other alle gations.
Contradictoryjudgmentis a judgmentwhich has been given after the parties have been heard either in support of their claims or in their defence. 11 La. 366. It is used in Louisiana to distinguish such judgments from those rendered' by default.
Judgment by default is a judgment rendered in consequence of the non-appearance of the defendant.
- Judgment in error is a judgment rendered by a court of error on a record sent up from an inferior court.
Final judgment is one which puts an end to a suit.
Interlocutory judgment is one given in the progress of a cause upon some plea, proceed ing, or default which is only intermediate and does not finally determine or complete the suit. 3' Blackstone, Comm. 396.
Judgment of nil capiat per breve or per ba lam is a judgment in favor of the defendant upon an issue raised upon a declaration or peremptory plea.
Judgment by nil dicit is one rendered against a defendant for want of a plea.
Judgment of nolle prosequi is a judgment entered against the plaintiff where after ap pearance and before judgment he says "he will not furtlrer prosecute his suit." Stephen, Plead. 130.
Judgment of non-obstante veredicto is a judg ment rendered in favor of the plaintiff with out regard to the verdict obtained by the de-' fendant.
Judgment of non pros. (non prosequitur) is one given against the plaintiff for a neglect to take any of those steps which it is incum bent on him to take in due 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. Stephen, Plead. 130.
Judgment of non suit, a judgment rendered against the plaintiff when he, on trial by jury, on being called or demanded-, at the instance of the defendant, to be present while the jury give their verdict, fails to make an appear ance.
Judgment pro retorno habendo is a judgment that the party have a return of the goods.
Judgment quod computet is a judgment in an action of account-render that the defend ant do account.
Judgment quod partitiofiat is the interlo cutory judgment in a writ of partition that. partition be made.
Judgment quod partes replacitant is a judg ment for repleader. See REPLEADER.
Judgment quod recuperet is a judgment in favor of the plaintiff (that he do recover) ren dered when he has prevailed upon an issue in fact or an issue in law other than one on a dilatory plea. Stephen, Plead. 126.
Judgment of respondeat ouster is a judg ment given against the defendant after he has failed to establish a dilatory-plea upon which an issue in law has been raised.
Judgment of retroxit is one given against the plaintiff where, after appearance and before judgment,. the plaintiff enters upon the record that he "withdraws his suit." 2. Judgments upon facts found are the follow ing. Judgment of nel tiel record occurs when some pleading denies the existence of a record, and issue id joined thereon ; the record being prodnced is compared by the court with the statement in the pleading which alleges it; and if they correspond, the party asserting its existence obtains judgment; if they do not correspond, the other party ootaind judgment of nul tiel record. Judgment upon ver dict is the most usual of the judgments upon facts found, and is for the party obtaining the ver dict. Judgment non-obstante veredicto is a judgment rendered in favor of the plaintiff notwithstanding the verdict for the defendant: this judgment is given upon motion (which can only be made by the plaintiff) when, upon an examination of the whole proceedings, it appears to the court that the defendant has admitted himself to be in the wrong, and that the issue, though decided in his favor by the jury, is on a point which does not at all better his case. Smith, Actions, 161. This is culled a judgment upon confession, because it occurs after a pleading bytdefendant in confession and avoid ance and issue joined thereon, and verdict found for defendant, and then it appears that the plead ing was had in law and might have been demurred to on that ground. The plea being substantially bad in law, of course the verdict whioh merely shows it to he true in point of fact cannot avail to entitle the defendant to judgment; while, on the other band, the plea, being in confession and avoid ance involves a confession of the plaintiff's declara tion, and shows that he was entitled to maintain his action. Sometimes it may he expedient for the plaintiff to move for judgment non-obetante acre dicto even though. the verdict be in his favor ; for, in a case like that described above, if he takes judg ment as upon the verdict it seems that such judg ment would he erroneous, and that the only safe course is to take it as upon confession. 1 Wils. 63; Croke Eliz. 778; 2 Rolle, Abr. 99; 1 Bingh. x. c. 767. See, also, Croke Eliz. 214; 6 Mod. 10 ; Str.i 394; 1 Ld. Raym. 641 ; 8 Taunt. 413; Rastell, Ent. 622; 1 Wend. N. Y. 307; 2 id. 624; 4 id. 468; 5 id. 513 ; 6 Cow. N. Y. 225. A judgment of re pleader is given when issue is joined on an imma terial point, or one on which the oourt cannot give a judgment which will determine the right. On tho award of a repleader, the parties must recom mence their pleadings nt the point where the im material issue originated. See REPLE ADER. This judgment is interlocutory, quad partee replacitent. See Bacon, Abr. Pleas, 4 (M.); I Hayw. No. C. 159.