JTJDOMKNT. 



JUDGMKNT. 



l 



court 



i by the partie*, and the Uw drtcnnin.il by the 



en Verdict, where the Uw i* admitted ami the fact disputed ; 

 by fiif*Mi or Default, where UM defendant admiU both the law 

 and the (act ; and on Nonsuit or Hetraxit, where the plaintiff acknow- 

 | nig, that neither the Uw nor the facU are *ufficient to support his 

 ea*a7*ad tharefore abandon* the proeecution. 



till null are either interlocutory or final Interlocutory judg- 

 aMBtemdude all thoee which are given on account of the incomplete 

 etat* of the caw a* brought before the court, and which do not go to 

 . merit* of the OMO : each a* judgmenU on pk 



, 



a* judgmenU on plea* of abate- 



Uw Urge* da* tu which thi term ii applied are ju.lg- 

 which, although they decide UM right between the partita, 

 MM nlher nrrnmttiw IT -frtn t" "" ------- * *" *" -"* 



batoL 



By UM Or""!"" Law Procedure Act, 1852, a plaintiff or defendant 

 krone obtained a verdict, judgment may be signed thereon in fourteen 



da 



nla otherwi 



, judgment 

 ered by th 



, 

 dered by the judge. The oppoaite party may 



. 



prevent judgment from being dgned by moving the court fur a new 

 in eate of any objection to the proceeding! ; for arrest of judg 



; for judgment *<m oUtantr 

 iven in his favour, notwith 

 conceive* that a plea of con 

 ha* been given fur the 



, the plaintiff or defendant may 

 obuin the aignature or allowance of the proper offlcer of the court, 

 Mating that the judgment U in hi* favour. ThU U called signing 



The nature or form of the judgment varie* according to the nature 

 of UM action, the plea, the iaiue, and the manner and result of the 



let If the iue be for the plaintiff. 



If it be an iame at Uw ariang upon a dilatory plea, the judgment 

 Uiat the defendant answer over, and U called a rapottdtat mater. Upon 

 all other ienie* in Uw, and generally in fact, the judgment U that the 

 plaintiff do recover, which i* called 7 / natprrct. 



Sad. If the iue be for the defendant 



The iaeoe being on a dilatory plea, whether of Uw or fact, the judg 

 meat u, that the writ or declaration be quaahed or the suit be abated 

 if the tame be on a peremptory plea, the judgment is that the pUintil! 

 take nothing, which u called a judgment nil eaptat. When judgmenU 

 are given by default, or confection without ianie, if for the plaintiff 

 they are fane! reauMrrl, if for the defendant, m'/ rajiijt. 



BaaliUi the queitiun at MMM being decided by the judgment, the 

 cost* of the rait an generally directed to be taxed and |>aid l.y tin 

 party againat whom the judgment U delivered. In addition to this 

 UM judgment, when given for the plaintiff, order* that the defendant 

 * be in mercy," that I*, amerced or fined for hi* deUy of justice ; and 

 when for the defendant, that the plaintiff " be in mercy" for hi* false 



, the party in whoa* favour It i* given may 

 i thereon, directed to the iheriff of the county where 

 the property to be taken i* situated. At common Uw, the good* and 

 caillili of a debtor under a writ of jbri/aaVu, and the growing pr. .lit 

 of UM bad under a tcrari /amu, could alone be taken in execution by 

 a judgment creditor tor debt or damage*. The remedy wa* extendw 

 by the IS Kdw. I. .ut. 1, c. 18 (Weft 2), to the creditor over a moiety 

 of UM real property of the debtor, for which purpoee a writ callnl an 

 dm! wa* created, bMludlag att freehold eeUte* and intereete wl, 

 debtor held in amenity, ooparoenery, or in common, and all ran 

 llllgei i but copyhold* wen held not to be liable to be taken in ex. 

 cation under thi* writ Ity a fiction of the Uw, judgmenU were con 

 edcred to take eflect (mm the firat day of the term in which they were 

 aigaed, and therefore a purchaser might have hu wtate encumbered by 

 a judgment acknowledged subsequently to the purchase. To reined 

 Ihi* iajuMiee. it wa* enacted by the HUtute of Fraud* (2 Car. 1 1. c. 3 

 that any judge who should aign JudgmenU, should at the time of 

 gJg att down the exact date thereof, which date (hould be aleo 

 written oa the margin of the reoord when the judgment wa* entered 

 aaJ Meh judgment* should operate from the date appearing on the 

 rnenrra. A*, however, tbie did not compel the plaintiff to bring in th 

 .it wa* almost impOMibl* for purchaeen to diwovsr what 

 tod againrt the land* about to be conveyed. An Act 

 w reW(4 * 6 Wm. ft Mary. c. 20), afterward* made per- 

 I by the 7 ft 8 Wm. III. c, M, which directed that the clerk o 

 the Court ut C. a, UM dark of the DockeU of the Court of B. II., an 

 UM matter of the office of plea* in the Court of Kxchequer, ahould 

 keep aa alphabetical list or ducket of all JudgmenU in their respective 

 according to the name* of the defeadanU ; and that no 

 uld affect land, in UM band, of oe.4 jW purchaser*, 



mleM no docketed occonling to the Act How thi* Uw ha* been 

 I .y recent itatuto* will bo hereafter oonaidered. For the pur- 

 pose of discharging a judgment, the proper mode is to enter up iutU- 

 u'tion on the court roll* ; but n <leed of releaee will have the came 

 ;]. . t although the judgment be allou.-il t'i remain ; anil it Una been 

 eld that a release of all suiU i* a complete discharge of all unaatUfied 

 udgmenU. If execution be not cued out within a year and a day of 

 uguing the judgment, it mart be revived by a writ of teirt faciat ; and 

 judgment was presumed to be satisfied after a lapse of twenty year* 

 rom the signing or the lost revival, which is now confirmed by the 

 utuU- a & J Win. IV. c. 27. 



The entering the judgment ou record, except in the cases specified 

 by the Act, where the lands in the hands of purchasers are to be 

 affected, i* not absolutely necessary. But to support a writ even 

 mnight for the purpose of reversing the judgment, the judgment 

 must be entered on the records of the court. 



Recent statute* have introduced great changes in the law of judg- 

 ments as they affect real property ; but as the same rule* which existed 

 fore those enactments ore still under certain circumstances ca 

 if application, it may be useful first to consider how jmlgmento then 

 stood. 



A judgment at the time of entering up became a general lien upon 

 all property, real and personal, which the debtor then held or subse- 



iMitly acquired, and gave the creditor a legal right, so long as tho 

 udgment remained on the records of the court and unsatisfied, to enter 

 ipou and reduce into possession any such property, by suing out the 

 writ of .rfrn' facial, if the goods and chattels of the debtor were to be 

 taken in execution, or the writ of tlegit as to his real est-it. . t! 

 changing that which was before a naked right into an absolute interest, 

 limited nevertheless to tho amount of the debt or damages for which 

 judgment was originally entered up. 



As to personal estate, it was enacted by tho 16th section of the 

 Statute of Frauds, that the goods of the debtor should be bound by a 

 judgment only from the time of taking out execution. Ami on the 

 interpretation of this clause it was held that chattel interests in land 

 were incltulnl under the term goods. This clause still remains in full 

 effect, although in the cose of a fraudulent assignment nftvr . iit-iin^ 

 up judgment and before execution, a court of equity would assist the 

 judgment creditor to follow the goods into the hands of the assign. .-. 



The right* of the judgment creditor existing only at law over the 

 personal property of the .U-l.tor. which was afterwards extended to a 

 moiety of the real estate, at law the legal estate was only affected, and 

 , by the subsequent creation of trusts, the judgment creditor 

 was frequently prevented from obtaining Uiat remedy at law against the 

 debtor to which he otherwise would have been entitled. To remedy 

 m i-nicnce, and enable the judgment creditor to obtain execu- 

 tion on the beneficial interest in any portion of the property of the 

 debtor, it was enacted by the Statute of Frauds that execution should 

 be delivered of all such land*, tenements, rectories, tithes, and heredi- 

 taments, as any other person or persons should be seised or possessed 

 ..i. in tnut for him agaiiut whom execution was so sued, like a* if the 

 debtor had been sewed of such land* and of such estate as they be 

 seised of in trust for him at tho time of tho execution sued. (In tlio 

 interpretation of this statute, it was held that an equitable interest in 

 a term of yean wa* not included within its limits, and only Mich trust 

 eetato as the debtor was interested in at the time the execution wa* 

 ued out, and in which he had the sole beneficial interest In this case 

 the judgment creditor ha* no execution at law, but he might come 

 into a court of equity and claim the some satisfaction out of the 

 equitable interest a* he would have been entitled to at law if it were 

 legal. As however the sole right of coming into a court of equity was 

 based on the failure f the law, it wa* necessary that the ju.l: 

 creditor should forfeit his title to tho utmost by suing out his writ of 

 elcgit before tho court would listen to any ;i).|.li.-;iti..n t<> ; 

 legal impediment. Upon tho same principle that it assisted tho 

 cr.Mlitor who hod no relief at Law, the court of equity did nut permit a 

 judgment against a trustee, though at law a lien upon the estate, to 

 affect the beneficial interest of the cestui que trust 



As under the lost mentioned clause of the Statute of Frauds a 

 .'. did not affect the legal estate in the hand* of the trustee, 

 until the writ was absolutely deposited in the hand* of tho sheriff, a 

 purchaser of the equitable estate without notice might by getting in 

 the legal estate protect himself against prior judgments ; but if tho 

 purchaser bought with notice ofUic judgment, no acquisition of the 

 legal eatate would protect him. Kquitie* of redemption were .1. 

 to be not luch truat eatate* M to bo included by the Statute of Fraud*, 

 the debtor not having the sole beneficial interest 



In the case of land* contracted to be cold, the purchaser i* relieved 

 in equity against judgmenU entered up subsequently to the contract ; 

 and alao where land is conveyed to trustees for sale, whose receipts 

 are to be sufficient discharge, the purchaser will not be bound by any 

 ubeequcnt judgmenU of which ho ha* oven express n 



Until tho passing of the acU 1 ft 2 Viet c. 110, 2 ft 3 Viet. c. 11, 

 and 3 ft 4 Viet, c. 82, the Uw of judgmenU remained in the main 

 unchanged. By them decree* and order* of Courts of Kquity ami rule* 

 of Courts of Common Law, and order* of the Lnr.l < li:uir.l!.r in 

 matter* of bankruptcy and lunacy, are given the effect of judgment*, 

 and the security of tho creditor ban been extended from a moiety to 



