| 词汇 | JUDGMENT3 |
| 释义 | `1`JUDGMENT3 `2` "Legal Lexicon": When an interlocutory judgment has been rendered and a writ of inquiry has issued to ascertain the damages, on the return of the inquisition the plaintiff is entitled to a final judgment, namely, that he recover the amount of damages so assessed. AN INTERLOCUTORY JUDGMENT is one given in the course of a cause, before final judgment. When the action sounds in damages and the issue is an issue in law or when any issue in fact not tried by a jury is decided in favor of the plaintiff, then the judgment is that the plaintiff ought to recover his damages without specifying their amount; for, as there has been no trial by jury in the case, the amount of damages is not yet ascertained. The judgment is then said to be interlocutory. To ascertain such damages it is the practice to issue a writ of inquiry. When the action is founded on a promissory note, bond or other writing or any other contract by which the amount due may be readily computed, the practice is, in some courts, to refer it to the prothonotary or clerk to assess the damages. There is one species of interlocutory judgment which establishes nothing but the inadequacy of the defence set up this is the judgment for the plaintiff on demurrer to a plea in abatement, by which it appears that the defendant has mistaken the law on a point which does not affect the merits of his case; and it being but reasonable that he should offer, if he can, a further defence, that judgment is that he do answer over, in technical language, judgment of respondeat ouster. JUDGMENT OF NIL CAPIAT PER BREVE or PER BILLAM. When an issue arises upon a declaration or peremptory plea and it is decided in favor of the defendant, the judgment is, in general, that, the plaintiff take nothing by his writ, (or bill,) and that the defendant go thereof without day, etc. This is called a judgment of nil capiat per breve or per billam. JUDGMENT BY NIL DICIT, is one rendered against a defendant for want of a plea. The plaintiff obtains a rule on the defendant to plead within a time specified, of which he serves a notice on the defendant or his attorney; if the defendant neglect to enter a plea within the time specified, the plaintiff may sign judgment against him. JUDGMENT OF NOLLE PROSEQUI, is a judgment entered against the plaintiff, where, after appearance and before judgment, he says, 'he will not further prosecute his suit.' JUDGMENT OF NON OBSTANTE VEREDICTO, is a judgment rendered in favor of the plaintiff, without regard to the verdict obtained by the defendant. The motion for such judgment is made where after a pleading by the defendant in confession and avoidance, as for example, a plea in bar and issue joined thereon and verdict found for, the defendant, the plaintiff on retrospective examination of the record, conceives that such plea was bad in substance and might have been made the subject of demurrer on that ground. If the plea was itself substantially bad in law, of course the verdict, which merely shows it to be true in point of fact, cannot avail to entitle the defendant to judgment; while on the other hand the plea being in confession and avoidance, involves a confession of the plaintiff's declaration and shows that he was entitled. to maintain his action. In such case, therefore, this court will give judgment for the plaintiff, without regard to the verdict; and this, for the reasons above explained, is called a judgment upon confession. Sometimes it may be expedient for the plaintiff to move for judgment non obstante, etc., even though the verdict be in his own favor; for, if in such case as above described, he takes judgment as upon the verdict, it seems that such judgment would be erroneous and that the only safe course is to take it as upon confession. JUDGMENT BY NON SUM INFORMATUS, 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. . Go to JUDGMENT4 |
| 随便看 |
|
英汉汉英法律词典收录144709条英汉法律翻译词条，基本涵盖了全部常用法律英语单词的释义及例句，是法律专业英语学习的有利工具。