Page:The New International Encyclopædia 1st ed. v. 11.djvu/345

* JUDGMENT. 3ir JUDGMENT. individual objects moving toward each other, aud may in tlie judgment be actually analyzing out cf i-lie cuuijjlex image this movement toward each other and recognizing it as characterizing the complex. But this is not the whole of the matter. 1 recognize this analysis as good not onlj' for this particular complex, but lor all other com- plexes in which material objects are component elements. Such universal judgments are always the result of induction (q.v. ). Particular judg- ments are either summaries of the results of several individual judgments or they are uni- versal judgments in disguise. Thus when we say, "Some vertebrates are mammals,' we may mean merely that in past experience we have had some individual percepts in which the cliaracter of mammalianism was a feature of vertebrate animals. Or we may mean that beyond the bounds of our past experience likewise there are some mammalian vertebrates to be found. In the latter case we are making an induction, and if we expressed ourselves adequately we should say all eats, dogs, horses, monkeys, etc., are mammals. The connection between the qualities of verte- brateness and mammalianism is not uncondi- tional, but is conditioned upon the presence of other qualities which are found only in dogs, etc., and not in fishes and the like. Either be- cause we do not know the qualities or do not care to name them, we say 'some vertel)rates.' Consult the authorities referred to under Logic. JUDGMENT. An intermediate or final de- termination or adjudication of the lights of the parties to an action or proceeding by a court of justice. Judgments are usually termed contracts of record, although the designation is inaccurato. (See QuASi-CoxTRACT. ) Where it determines some of the rights of the parties, but is inter- mediate or incomplete because all the questions raised by the issues are not settled or the extent of the relief fixed or defined, it is called inter- locutory, as there is something reserved for future determination. For example, if A sues B and the court determines as a matter of law that A is entitled to recover, but the accounts are so complicated that the court directs a reference and an accounting to determine the exact amount due. an interlocutory judgment directing recovery and accounting will be entered, and after the amount due has been reported by the referee, a final judgment for such sum will be entered. Several codes of procedure have abolished the use of the term 'interlocutory judg- ment,' and designate as an order every direc- tion or determination of the court which is not a final disposition of the action. Under the com- ■ mnn law practice, however, there is a distinction in that an order does not settle any principal question in controversy, but merely some point of practice or some question collateral to the main issue. A judgnient is final when it disposes of or concludes an action so that it is at an end, even though it does not settle all of the rights of the parties. It is u.sually rendered at the end of the trial of an action, but may he entered upon a default in pleading or as a result of the non-appearance of or abandonment of the action by either party, or on a confession of judgnient. Tn its more technical sense, the term judgnient applies onlv to the adjudication of a court of law, the term decree being employed to describe the determination of a court of equity. (See Decree; Equity; Cha>-ceby, Coubt of.) Under most codes of procedure where the former mate- rial variances in practice in law and equity have been abolished, the term judgment is now gen- erally used to designate the final determinations of the courts in all cases, both in law and equity: but both courts and attorneys constantly use the term decree as a matter of description in the older and more accurate sense. Judgments are distinguished from findings (q.v.) of fact or law, in that the latter are only formal expressions of the conclusions of a judge or referee and do not award relief. Judgments are usually entered or docketed in the office of the clerk of the court in which they are rendered. This consists of an entry of a brief description of the judgment, containing the names of the parties, designating the successful party, the date of recovery, the date docketed, and the amount awarded therein. The book in which this entry is made is called the docket of judg- ments, and is a public record, accessible for examination by any person who cares to examine it. If an execution is issued, the return of the sheriff, whether it be 'satisfied.' meaning col- lected, or settled, or 'nulla bona' (no goods) or 'unsatisfied,' is entered opposite the description above referred to. By statute in most jurisdictions a judgment, after being docketed, becomes a lien on the real property of the judgment debtor. It is subject to all valid prior liens existing at the time it was docketed, but takes precedence over all subsequent liens of any character except those for obligations to the municipal. State, or Fed- eral governments, such as taxes and assessments. The public docket gives legal notice of the lieu to all persons, just as the record of a mortgage operates, and any intending purchaser ho omits to search for judgments against the owner of the property in question does so at his peril, even though he has not actually learned of the judgnient, as he is deemed to have constructive notice of all matters of public record. This lien is usually restricted to the jurisdiction of the particular court in which it is rendered, unless a transcript or brief description of the judgment is obtained from the clerk and filed in another jurisdiction in the same State, usually another coimty, in which case its force is ex- tended to that county. The duration of this lien is usually fixed by statute, otherwise it continues as long as the judgment is in force, unless waived by the judgment creditor. (Sea Release; Accord and Satisfactiox.) In most States by statute there is a legal presumption that a judgment is satisfied after the expiration of twenty years, but usually it is provided that this may be rebutted by proof to the contrary.

iere a judgment is void or voidable because of lack of jurisdiction of the court, or because of fraud or some irregularity, it may be opened and set aside on motion of the judgment debtor. XMiere it is obtained by reason of a default in pleading or appearance, or by mistake of either party, the court may in its discretion vacate it. direct the proper pleadings to be served or filed, and permit the cause to proceed to trial on the merits. This is usually granted on terms, such as payment of costs. A judonient may be assigned by an instrument in writ ins. and the assignee will take all the rights and remedies of the judgment creditor. It