JUDGMENTS IN OTHER OASES. On a plea in abatement, either party may demur-to the pleading of his adversary or they may join Issue: On demurrer, judgment for the plaintiff is that the defendant have another day to plead In chief, or, as it is commonly ex pressed, that he answer over; quod respon deat ouster; and judgment for defendant is that the writ be quashed ; quod cassetur billa or breve. But if issue be joined, judgment for plaintiff is quod recuperet, that he recover his debt or damages, and not quod respon deat; judgment for defendant is the same as in the case of demurrer, that the writ be quashed. But the plaintiff may admit the validity of the plea in abatement, and may himself pray that his bill or writ may be quashed, quod cassetur billa or breve, in or der that he may afterwards sue or exhibit a better one; Steph. Pl., Andr. ed. § 97; Lewes, Civ. Pl. See the form, Tidd, Pr. Forms 195. Judgment on demurrer in other cases, when for the plaintiff, is interlocutory in assumpsit and actions sounding in dam ages, and recites that the pleading to which exception was taken by defendant appears sufficient in law, and that the plaintiff ought, therefore, to recover; but the amount of damages being unknown, a court of inquiry is awarded to ascertain them. See the form, Tidd, Pr. Forms 181. In debt it is final in the first instance. See, the thrm, id. p. 181. Judgment on demurrer when for the defend ant is always final in the first instance, and is for costs only. See the form, id. 195.
Judgment by default, whether by nil dicit or non sum informatus, is in these words, in assumpsit or other actions for damages, aft er stating the default: "wherefore the said A B ought to recover against the said C D his damages on occasion of the premises; but because it is unknown to the court, etc., now hear what damages the said A B bath sustained by means of the premises, the sheriff is commanded, etc." Then follows the award of the writ of inquiry, on the re turn of which final judgment is signed. See the forms, Tidd, Pr. Forms 165. In debt for a sum certain, as on a bond for the payment of a sum of money, the judgment on default is final in the first instance, no writ of in quiry being necessary. See the form, id. 169.
Plaintiff cannot take a default where there is no declaration on file; Woodruff v. Mathe ney, 55 Ill. App. 350; and a default cannot be entered after defendant has interposed a plea in bar ; Green v. Jones, 102 Ala. 303, 14 South. 630; but the mere filing of an an swer will not prevent a judgment by default, there must also be a subsequent appearance by defendant to protect his rights; Lytle v. Costead, 4 Tex. Civ. App. 490, 23 S. W. 451.
It is error to enter judgment by default while a plea to part and a demurrer to the rest of the declaration are on file; Race v. Hall Ass'n, 50 III. App. 131; but the rendi tion of a judgment by default, where the pe tition states the facts sufficient to maintain the cause of action, is within the discretion of the trial judge ; In re Downs, 3 Ohio Dec. 56 ; and so is the opening of judgment by default; St. Mary's Hospital v. Ben. Co., 60 Minn. 61, 61 N. W. 824; Jackson v. Bru nor, 17 Misc. 339, 39 N. I. Supp. 1080; where an answer failed to reach the court in time through the fault of the postmaster, it was held that a default should be set aside; Wal rad v. Walrad, 55 Ill. App. 668.
udgment by cognovit actionem is for the amount admitted to be due, with costs, as on a verdict. In Pennsylvania by statute, the plaintiff may take judgment for an amount admitted to be due and proceed to trial for the remainder of his claim.
Judgment of non pros. or non suit is final, and is for defendant's' costs only, which is also the case with judgnaent on a discontinu ance or notte prosequi.
A court has inherent power to enter a judgment on the pleadings; Stratton's Inde pendence v. Dines, 126 Fed. 968.
A judgment by default is just as conclu sive an adjudication between the parties of whatever is essential to support the judg ment as one rendered after answer and con test ; Last Chance Min. Co. v. Min. Co., 157 U. S. 692, 15 Sup. Ct. 733, 39 L. Ed. 859; 1 Freem. Judgt. § 330; Big. Esto. 77. So of a judgment on demurrer ; Northern Pac. R. Co. v. Slaght, 205 U. S. 122, 27 Sup. Ct. 442, 51 L. Ed. 738.