(3) Judgment by nil di it is rendered against the defendant where, after being rul ed to plead, he neglects to do so within the time specified.
(b) Such judgments against the plaintiff are: (1) Judgment of non pros. (from non, pro sequitur) 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.
A judgment by default is just as conclu sive between the parties of whatever is es sential to support it as one rendered after answer and contest; Last Chance Min. Co. v. Mining Co., 157 U. S. 683, 15 Sup. Ct. 733, 39 L. Ed. 859.
(2) Judgment of non suit (from non seq uitur, or ne suit pas) is where the plaintiff, after giving in his evidence, finds that it will not sustain his case, and therefore volunta rily makes default by absenting himself when he is called on to hear the verdict. The court give judgment against him for this default ; but the proceeding is really for his benefit, because after a nonsuit he can institute an other action for the same cause, which is not the case—except in ejectment, in some states —after a verdict and judgment against him.
Judgments are further classified with ref erence to the stage of the cause at the time they are rendered.
1. Interlocutory judgments are such as are given in the middle of a cause upon some plea, proceeding, or default which is only in termediate, and does not finally determine or complete the suit. Any judgment leaving something to be done by the court, before the rights of the parties are determined, and not putting an end to the action in which it is entered, is interlocutory ; Freem. Judg. §' 12 ; 3 Bla. Com. 396. A judgment which is not final is called "interlocutory" ; that is, an in terlocutory 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 mat ter ; 1 Black, Judgm. 21.
Such is a judgment for the plaintiff upon a plea in abatement, which merely decides that the cause must proceed and the defend ant put in a better plea. But, in the ordina ry sense, interlocutory judgments are those incomplete judgments whereby the right of the plaintiff is indeed established, but the quantum of damages sustained by him is not ascertained. This can only be the case where the plaintiff recovers; for judgment for the defendant is always complete as well as final. The interlocutory judgments of most com mon occurrence are where a demurrer has been determined for the plaintiff, or the de fendant has made default, or has by cog novit actionem acknowledged the plaintiff's demand to be just. After interlocutory judg
ment in such case, the plaintiff must ordi narily take out a writ of inquiry, which is ad dressed to the sheriff, commanding him to summon a jury and assess the damages, and upon the return of the writ of inquiry final judgment may be entered for the amount as certained by the jury. It is not always nec essary to have a writ of inquiry upon inter locutory judgment ; for it is said that "this is a mere inquest of office to inform the con science of the court, who, if they please, may themselves assess the damages;" 3 Wils. 62, per Wilmot, C. J.; and accordingly, if the damages are matter of mere computation, as, for instance, interest upon a bill of exchange or promissory note, it is usual for the court to refer it to the master or prothonotary, to ascertain what is due for principal, interest, and costs, whose report supersedes the neces sity of a writ of inquiry; 1 H. Bla. 541; 4 Price 134. But in actions where a specific thing is sued for, as in actions of debt for a sum certain, the judgment upon demurrer, default, or confession is not interlocutory, but is absolutely complete and final in the first instance.
2. Final judgments are such as at once put an end to the action by determining the right and fixing the amount in dispute. Such are a judgment for defendant at any stage of the suit, a judgment for plaintiff after verdict, a judgment for a specific amount confessed up on warrant of attorney, and a judgment sign ed upon the return of a writ of inquiry, or upon the assessment of damages by the mas ter or prothonotary. Judgment for plaintiff is final also in an action brought for a spe cific sum, as debt for a sum certain, although entered upon a demurrer or default, because here, the amount being ascertained at the out set, the only question at issue is that respect ing the right, and when that is determined nothing remains to be done. The question what is a final judgment becomes material in many cases where there is a right of review on error or appeal as to final, but not as to interlocutory, judgments. The term final judgment has been variously defined. A judg ment which puts an end to the action by de claring that the plaintiff has either entitled himself, or has not, to recover the remedy he sues for. 3 Bla. Com. 398. A judgment which determines a particular cause and ter minates all litigation on the same right. 1 Kent 316. A. judgment which cannot be ap pealed from, but is perfectly conclusive as to the matter adjudicated upon ; Snell v. Manu facturing Co., 24 Pick. (Mass.) 300 ; Foster v. Neilson, 2 Pet. (U. S.) 294, 7 L. Ed. 415 ; For gay v. Conrad, 6 How. (U. S.) 201, 12 L. Ed. 404. A judgment is final which completely settles the rights of the parties. Brown v. Vancleave, 86 Ky. 381, 6 S. W. 25.