JUDGEMENT, in Law, is the sentence pronounced by the court upon the matter contained in the record. Judgements are of four sorts. First, where the facts are confessed by the parties, and the law determined by the court; as in case of judgement upon demurrer: secondly, where the law is admitted by the parties, and the facts disputed; as in the case of judgement on verdict: thirdly, where both the fact and the law arising
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thereon are admitted by the defendant; which is the Judgement-case of judgements by confession or default: or, lastly, where the plaintiff is convinced that either fact, or law, or both, are insufficient to support his action, and therefore abandons or withdraws his prosecution; which is the case in judgements upon a non-suit or retraxit.
The judgement, though pronounced or awarded by the judges, is not their determination or sentence, but the determination and sentence of the law. It is the conclusion that naturally and regularly follows from the premises of law and fact, which stands thus: Against him who hath rode over my corn, I may recover damages by law: but A hath rode over my corn; therefore I shall recover damages against A. If the major proposition be denied, this is a demurrer in law: if the minor, it is then an issue of fact: but if both be confessed or determined to be right, the conclusion or judgement of the court cannot but follow. Which judgement or conclusion depends not therefore on the arbitrary caprice of the judge, but on the settled and invariable principles of justice. The judgement, in short, is the remedy prescribed by law for the redress of injuries; and the suit or action is the vehicle or means of administering it. What that remedy may be, is indeed the result of deliberation and study to point out; and therefore the style of the judgement is, not that it is decreed or resolved by the court, for then the judgement might appear to be their own; but, "it is considered," consideratum est per curiam, that the plaintiff do recover his damages, his debt, his possession, and the like: which implies that the judgement is none of their own; but the act of law, pronounced and declared by the court, after due deliberation and inquiry. See Blackst. Comment. iii. 396.