| 词汇 | JUDGMENT2 |
| 释义 | `1`JUDGMENT2 `2` "Legal Lexicon": JUDGMENT IN ASSUMPSIT is either in favor of the plaintiff or defendant; when in favor of the plaintiff, it is that he recover a specified sum, assessed by a jury or on reference to the prothonotary or other proper officer, for the damages which he has sustained, by reason of the defendant's non-performance of his promises and undertakings and for full costs of suit. When the judgment is for the defendant, it is that he recover his costs. JUDGMENT IN ACTIONS ON THE CASE FOR TORTS, when for the plaintiff, is that he recover a sum of money ascertained by a jury for his damages occasioned by the committing of the grievances complained of and the costs of suit. When for the defendant, it is for costs. Judgment OF CASSETUR BREVE or BILLA, is in cases of pleas in abatement where the plaintiff prays that his 'writ' or ' bill' 'may be quashed, that he may sue or exhibit a better one.' JUDGMENT BY CONFESSION. When instead of entering a plea, the defendant chooses to confess the action; or, after pleading; he does, at any time before trial, both confess the action and withdraw his plea or other allegations; the judgment against him, in these two cases, is called a judgment by confession or by confession relicta verificatione. CONTRADICTORY JUDGMENT. By this term is understood, in the state of Louisiana, a judgment which has been given after the parties have been heard, either in support of their claims or in their defence. A judgment is called contradictory to distinguish it from one which is rendered by default. JUDGMENT IN COVENANT; when for the plaintiff, is that he recover an ascertained sum for his damages, which he has sustained by reason of the breach or breaches of the defendant's covenant, together with costs of suit. When for the defendant, the judgment, is for costs. JUDGMENT IN THE ACTION OF DEBT; when for the plaintiff, is that he recover his debt and in general, nominal damages for the detention thereof. In some penal and other particular actions the plaintiff does not, however, always recover costs. When the judgment is for the defendant, it is generally for costs. In some penal actions, however, neither party can recover costs. JUDGMENT BY DEFAULT, is a judgment rendered in consequence of tho non-appearance of the defendant and is either by nil dicit or by non sum informatus. This judgment is interlocutory in assumpsit, covenant, trespass, case and replevin, where the sole object of the action is damages; but in debt, damages not being the principal object of the action, the plaintiff usually signs final judgment in the first instance. JUDGMENT IN THE ACTION OF DETINUE; when for the plaintiff, is in the alternative, that he recover the goods or the value thereof, if he cannot have the goods themselves and his damage for the detention and costs. JUDGMENT IN ERROR, is a judgment rendered by a court ot error, on a record sent up, from an inferior court. These judgments are of two kinds, of affirmance and reversal. When the judgment is for the defendant in error, whether the errors assigned be in law or in fact, it is 'that the former judgment be affirmed and stand in full force and effect, the said causes and matters assigned for error notwithstanding and that the defendant in error recover $____ for his damages, charges and costs which he hath sustained,' etc. When it is for the plaintiff in error, the judgment is that it be reversed or recalled. It is to be reversed for error in law, in this form, that it be reversed, annulled and altogether holden for nought.' For error in fact the judgment is recalled, revocatur. A FINAL JUDGMENT is one which puts an end to the suit. When the issue is one in fact and is tried by a jury, the jury at the time that they try the issue, assess the damages and the judgment is final in the first instance and is that the plaintiff do recover the damages assessed. Go to JUDGMENT3 |
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