| 词汇 | JUDGMENT4 |
| 释义 | `1`JUDGMENT4 `2` "Legal Lexicon": JUDGMENT OF NON PROS. (from non prosequitur,) is one given against the plaintiff, in any class of actions, for not declaring or replying or surrejoining, etc. or for not entering the issue. JUDGMENT OF NONSUIT, Practice, is one against the plaintiff, which happens when, on trial by jury, the plaintiff, on being called or demanded, at the instance of the defendant, to be present while the jury give their verdict, fails to make his appearance. In this case, no verdict is given, but the judgment of nonsuit passes against the plaintiff. So if, after issue be joined, the plaintiff neglect to bring such issue on to be tried in due time, as limited by the practice of the court, in the particular case, judgment will be also given against him for this default; and it is called judgment as in case of nonsuit. After suffering a nonsuit, the plaintiff may commence another action for the same cause for which the first had been instituted. In some cases, plaintiffs having obtained information in what manner the jury had agreed upon their verdict before it was delivered in court, have, when the jury were ready to give in such verdict against them, suffered a nonsuit for the purpose of commencing another action and obtaining another trial. To prevent this abuse, the legislature of Pennsylvania have provided, by the Act of March 28, 1814, 6:Reed's L. 208, that 'whenever on the trial of any cause, the jury shall be ready to give in their verdict, the plaintiff shall not be called, nor shall he then be permitted to suffer a nonsuit.' JUDGMENT QUOD COMPUTET. The name of an interlocutory judgment in an action of account render that the defendant do account, quod computet. JUDGMENT QUOD RECUPERET. When an issue in law, other than one arising on a dilatory plea or an issue in fact, is decided in favor of the plaintiff, the judgment is, that the plaintiff do recover, which is called a judgment guod recuperet. This judgment is of two kinds, namely, interlocutory or final. JUDGMENT IN REPLEVIN, is either for the plaintiff or defendant. For The Plaintiff. 1. When the declaration is in the detinuit, that is, where the plaintiff declares, that the chattels 'were detained until replevied by the sheriff,' the judgment is that he recover the damages assessed by the jury for the taking and unjust detention or for the latter only, where the former was justifiable, as also his costs. If the replevin is in the detinet, that is, where the plaintiff declares that the chattels taken are 'yet detained,' the jury must find, 'in addition to the above, the value of the chattels, (assuming that they are still detained,) not in a gross sum, but each separate article; for tho defendant, perhaps, will restore some, in which case the plaintiff is to recover the value of the remainder. For The Defendant. 1. If the replevin be abated, the judgment is, that the writ or plaint abate and that the defendant (having avowed) have a return of the chattels. When the plaintiff is nonsuited, the judgment for the defendant, at common law, is, that the chattels be restored to him and this without his first assigning the purpose for which they were taken, because, by abandoning his suit, the plaintiff admits that he had no right to dispossess the defendant by prosecuting the replevin. The form of this judgment. is simply 'to have a return,' without adding the words 'to hold irreplevisable.' When tho avowant succeeds upon the merits of his case, the common law judgment is, that he 'have return irreplevisable,' for it is apparent that he is by law entitled to keep possession of the goods. JUDGMENT OF RESPONDEAT OUSTER. When there is an issue in law, arising on a dilatory plea and it is decided in favor of the plaintiff, the judgment is only that the defendant answer over, which is called a judgment of respondeat ouster. The pleading is accordingly resumed and the action proceeds. Go to JUDGMENT5 |
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