483 
JUDGMENT. 
tringas is returnable within term, ami the caufe is tried 
two or three clays only before the end of the term, the judg¬ 
ment (hall be entered that very term, though there be not 
four days to move in arreft of judgment, i Salk. 77. But 
a four-day rule muft be given, and the party cannot fign 
judgment till four days exclufive are elapfed, and, if Sun¬ 
day intervenes, that is not to be reckoned one of the four 
days. But, if verdift be given after term, no judgment 
can be given on it till the next term following ; for the 
judgment is the act of the court, and the court (its not 
but in term. Mick. 2a Car. B.R. 
judgments are not only to be (igned by the proper offi¬ 
cer, but entered of record ; before which they are not 
judgments ; and, in a judgment given to recover a furn of 
money, the fum mull be entered in words at length ; and 
not in figures, which may be eafily altered ; and a judg¬ 
ment was reverfed, becaufe the time when given was in fi¬ 
gures, and the fum recovered exprefied in figures, See . 
But the court may amend their judgments of the fame 
term, becaufe the term is but as one day in law ; though 
they may not do it in another term. 2 Lill. 103. 3 Lev. 430. 
If a judgment be unduly obtained, the court will vacate 
the judgment, and reftore the party damnified ; if not pu- 
nifn the offender: but it is again ft the courfe-of the court 
to vacate a judgment the laft day of the term. Pafch. 1656. 
If a judgment be obtained, but the plaintiff" doth not 
take out execution within a year and a day, the judgment 
muft be revived by fare Jacias. If any thing be entered 
in a judgment, which is not mentioned in the plaintiff’s 
declaration, the judgment is not good. 2 Lill. 104. And, 
where it appears upon the record that the plaintiff hath 
no caufe of action, he (hall never have judgment. 8 Rep. 
120. In l'uch cafe the court may give judgment for the 
defendant. 1 Plowd. 66. 
In debt on fpecialty, the whole and exaft fum muft be 
demanded, or the judgment upon it will not be good. 
3 Mod. 41. If more be in the judgment than the plain¬ 
tiff demands, it is erroneous ; though this may be helped 
by a remifit dampna for part. 2 Lill. 27. If in cafe, trefpafs, 
&c. a verdict is given for more damages than laid in the 
plaintiff’s declaration, and he does not remit the furplus 
damages, but takes judgment for the whole, it is an in¬ 
curable error, and cannot be amended. 
Every judgment ought to be complete and formal: one 
judgment cannot determine another judgment, and the 
judges will not give a judgment againft law, although the 
plaintiff and defendant do ageee to it. 1 Salk. 213. Cro. 
Eliz. 817. In aftions perfonal, judgment given againft 
the plaintiff upon any plea to bar him, is peremptory. 
jfenk. Cent 52. If the defendant doth not deny the debt, 
or other matter in fuit, but endeavours to elude the aftion 
by infufficient pleading; in this cafe, if it be found for 
the plaintiff, he (hall have judgment; but not vice vtrfa, 
if for the defendant, becaule the matter of the fuit is not 
fully and fufficiently denied, but in fomemeafure confelfed 
by the infufficient plea. Ibib. 70. 
Arrests of Judgment arife from intrinfie caufes ap¬ 
pearing upon the face of the record. Of this kind are : 
j'irft, Where the declaration varies totally from the origi¬ 
nal writ; as where the writ is in debt or detinue, and the 
plaintiff declares in an aftion on the cafe for an ojfumpjit ; 
for, the original writ out of Chancery being the founda¬ 
tion and warrant of the whole proceedings in the Common 
Pleas, if the declaration does not purfue the nature of the 
writ, the court’s authority totally fails. Alfo, fecondly, 
Where the verdict materially differs from the pleadings 
and iffue thereon ; as if, in an aftion for words, it is laid 
in the declaration that the defendant (aid, “ The plaintiff 
is a bankrupt and the verdift finds fpecially that he 
faid, “ The plaintiff will be a bankrupt.” Or thirdly. If 
the cafe laid in the declaration is not fufficient in point of 
law to found an aftion upon. 
It is an invariable rule with regard to arrefts of judg¬ 
ment upon matter of law, “ that whatever is alleged in 
arreft of judgment muft be fuch matter as would have 
been, upon demurrer, fufficient to overturn the aftion of 
plea.” As if, on an aftion for (lander, in calling the plain¬ 
tiff a Jew, the defendant denies the words, and ilfue is 
joined thereon ; now, if a verdift be found for the plain¬ 
tiff', that the words were actually fpoken, whereby the fadfc 
is eftablifhed, (till the defendant may move, in arreft of 
judgment, that to call a man a Jew is not aftionable ; and, 
if the court be of that opinion, the judgment fnall be ar¬ 
refted, and never entered for the plaintiff. But the rule 
will not hold e converfo, “ that every thing that may be al¬ 
leged as caufe of demurrer, will be good in arreft of judg¬ 
ment ;” for, if a declaration or plea omits to (fate fome 
particular circumftance, without proving which,' at the 
trial, it is impoffible to fupport the aftion or defence, this 
omiffion (hall be aided by a verdict. As if, in an action 
of trefpafs, the declaration doth not allege, that the tref¬ 
pafs was committed on any certain day, Carth. 389 ; or, if 
the defendant juftifies, by prefcribing for a right of com¬ 
mon for his cattle, and does not plead that his cattle were 
levant & couchant on the land, Cro. Jac. 44 ; though either of 
thejfe defeats might be good caufe to demur to the decla¬ 
ration or plea, yet if the adverfe party omits to take ad¬ 
vantage of fuch omiffion in due time, but takes iffue, and 
has a verdift againft him, thefe exceptions cannot after 
verdift be moved in arreft of judgment. For the verdift 
afeertains thole fafts, which before, from the inaccuracy 
of the pleadings, might be dubious ; fince the law will 
not fuppofe, that a jury, under the infpeftion of a judge, 
would find a verdift for the plaintiff or defendant, unlefs 
he had proved thofe circumftances, without which, his ge¬ 
neral allegation is defeftive. 1 Mod. 292. 
Exceptions, therefore, that are moved in arreft of judg¬ 
ment, muft be much more material and glaring than fuch 
as will maintain a demurrer; or, in other words, many 
inaccuracies and omiffions, which would be fatal if early 
obferved, are cured by a fubfequent verdift; and not fuf- 
fered, in the laft ftage of a caufe, to unravel the whole 
proceedings. But if the thing omitted be effential to the 
aftion or defence, as if the plaintiff does not merely ftate 
his title in a defeftive manner, but fets forth a title that 
is totally defeftive in itfelf, or if to an aftion of debt the 
defendant pleads not guilty inftead of nil debet, thefe can¬ 
not be cured by a verdict, for the plaintiff in thefirft cafe, 
or for the defendant in the fecond. 3 Comm. 393-5. 
Judgments acknowledged for Debts. The courfe 
for one to acknowledge a judgment for debt, is for him 
that doth acknowledge it to give a warrant of attorney to 
fome attorney of that court where the judgment is to be 
acknowledged, to appear for him, to file common bail, and 
receive a declaration, and then plead non fum informatus y 
See. or to let it pafs by nihil dicit: whereupon judgment 
is entered for want of a plea. 2 Lill. 105. The perfoa 
to whom this warrant of attorney is given, has all the 
benefit of a judgment and execution againft the debtor’s 
perfon and property, without being delayed by any inter¬ 
mediate procefs, as in the cafe of a regular fuit. It is fre¬ 
quently given by a perfon arrefted, upon condition of his- 
difeharge, and that longer time (hall be allowed him for 
the payment of the debt, or that fome other indulgence 
(hall be (hown him. But, to prevent perfons in this fitu- 
ation from being impofed upon, no warrant of attorney 
to confefs a judgment, given by a perfon arrefted upon, 
mefne procefs, (hall be of any force, unlefs fome attorney 
be prefent on behalf of the perfon in cuftody, who (hall 
explain the nature of the warrant, and fubferibe his name 
as a witnefs to it. 1 Cromp. PraB. Salk 402-. 
If a warrant of attorney to confefs a judgment is given 
unconditionally, or without delay of execution,judgment 
may be figned, and execution taken out, upon the fame 
day it is given ; and thus-a debtor may give one creditor 
a preference to another who has obtained judgment after 
along litigation. 5 Perm Rep. 233. If one gives a warrant 
of attorney to confefs judgment, and dies before it is con¬ 
ferred, this is a countermand of the warrant. 1 Ventr. 310. 
Though the courts have, on motion, allowed judgment to- 
