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Judgment

law and court

JUDGMENT. In Practice. The conclu sion of law upon facts found, or admitted by the, parties, or upon their default in the course of the suit. Tidd, Pr. 930 ; Truett v. Legg, 32 Md. 147; Siddall v. Jansen, 143 Ill. 537, 32 N. E. 384. It may be on the main question, or on all of the questions, if there are several ; Tipton v. Tipton's Adm'r, 49 Ohio St. 364, 30 N. E. 826.

The decision or sentence of the law, given I by the court df justice or other competent tribunal, as the result of proceedings stituted therein for the redress of an inju ry. 3 Bla. Cora. 395; 2Dtna Ins. Co. v. Swift 12 Minn. 437 (Gil. 326). It is said to be the end of the law ; Blystone v. Blystone, 51 Pa 373. It affects only parties and privies; Ma loney v. Finnegan, 40 Minn. 281, 41 N. 979 ; Caperton v. Hall, 83 Ala. 171, 3 South. 234; Savage v. McCorkle, 17 Or, 42, 21 444; Johnson v. Powers, 139 U. S. 156, 11

Sup. Ct. 525, 35 L. Ed. 112.

The language of judgments, therefore, Is not that "it is decreed," or "resolved," by the court; but "it is considered" (consider atom est per curium) that the plaintiff re cover his debt, damages, or possession, as the case may require, or that the defendant do go without day. This implies that the judgment is not so much the decision of the court, as the sentence of the law pronounced and decreed by the court, after due delibera tion and inquiry.

Litigious contests present to the courts facts to appreciate, agreements to be con strued, and points of law to be resolved. The judgment is the result of the full ex amination of all these.

In Tudor times and later judgment was used of things we call legislative, as' well as of things judicial; Oxf. Diet. 8. v. Judg ment; Exodus, xxi, 1.