DEFINITIONS. The various forms of judg ment are designated by the following terms : Judgment of assets in futuro, is one against an executor or heir, who holds at the time no property on which it can oper ate. See Q CANDO ACCIDERINT.
Judgment of cassetur breve or bills (that the writ or bill be quashed) is a judgment rendered in favor of a party pleading in abatement to a writ or action. Steph. Pl., Andr. ed. § 97.
Judgment by confession is 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 er allegations.
Contradictory judgment is a judgment which has been given after the parties have been heard; either in support of their claims or in their defence. Cox's Ex'rs v. 11 La. 366. It is used in Louisiana to dish tinguish such judgments from those render ed by default.
Judgment de meltioribus dams is is a judge went entered at the election of the plaintiff for the highest amount where damages have been differently assessed against several de fendants. See DE MELIORIRTTS DAMNIS.
Judgment by default is a judgment rent dered in consequence of the non-appearance of the defendant. The term is also applied to judgments entered under statutes or rules of court, for want of affidavit of defence, plea, answer, and the like, or for failure to take some required step in the cause.
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.
As to judgment in rem, inter partes, or in personam, see those titles.
Interlocutory judgment is one given in the progress of a cause upon some plea, pro ceeding, or default which is only interme diate and does not finally determine or com plete the suit. 3 Bla. Com. 396.
Judgment on the merits is one rendered after argument and investigation, and when it is determined which party is in the right, as distinguished from a judgment rendered upon some preliminary or merely technical point, or by default, and without trial.
Judgment of nil capiat per breve or per billam is a judgment in favor of the defend ant 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 none prosequi is a judgment entered against the plaintiff where after ap pearance and before judgment he says "he will not further prosecute his suit." Steph. Pl., Andr. ed. § 97.
Judgment of non obstante veredicto is a judgment rendered in favor of one party without regard to the verdict obtained by the other party.
Judgment of non pros. (non prosequitur) is one given against the plaintiff for a neg lect to take any of those steps which it is incumbent on him to take in due time. See NON PROS, Judgment of non suit, a judgment ren dered 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 appearance. See Non-SUIT.
Judgment by non sum informatics 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. Steph. Pl., Andr. ed. § 97.
Judgment nuns pro tune, is one entered on a day subsequent to the time at which it should have been entered, as of the latter date. See NUNO PRO Tune.
Judgment pro retorno habendo is a judg ment that the party have a return of the goods.
Judgment quando acciderint, is such a judgment against an executor or heir as binds. only future assets. See QUANDO eIDERINT.
Judgment quod computet is a judgment in an action of account-render that the de fendant do account.
• Judgment quod politic) fiat is, the inter partition be made.
Judgment quod partes replacitent is a judgment for repleader. See REPLEADER.
Judgment quod recuperet is a judgment in favor of the plaintiff (that he do recover) rendered when he has prevailed upon an issue in fact or an issue in law other than one arising on a dilatory plea. Steph. Pl., Andr. ed. § 97.
Judgment of respond eat 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 retraait is one given against the plaintiff where, after appearance and before judgment, the plaintiff enters upon the record that he "withdraws his suit." See these several titles where they are separately treated.