An intermediate or final
determination or adjudication of
the rights of the parties to an
action or proceeding by a court
of justice. Judgments are
usually termed contracts of
record, although the designation
is inaccurate. Where it
determines some of the rights of
the parties, but is intermediate
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 interlocutory, 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 judgment,' and
designate as an order every
direction or determination of
the court which is not a final
disposition of the action. Under
the common-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 judgment 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 usually rendered
at the end of the trial of an
action, but may be 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 judgment.
In its more technical sense, the
term judgment applies only to
the adjudication of a court of
law, the term decree being
employed to describe the
determination of a court of
equity. Under most codes of
procedure where the former
material variances in practice
in law and equity have been
abolished, the term judgment is
now generally 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 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 judgments,
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 collected, 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 Federal governments,
such as taxes and assessments.
The public docket gives legal
notice of the lien to all
persons, just as the record of a
mortgage operates, and any
intending purchaser who 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 judgment, 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 county, in which
case its force is extended 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.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 prof to the
contrary.
Where 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. Where 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 judgment may be assigned by an
instrument in writing, and the
assignee will take all the
rights and remedies of the
judgment creditor. It will also
descend as a part of the assets
of a deceased owner. Upon
payment of the amount of the
judgment and accrued interest,
the judgment debtor is entitled
to a satisfaction piece.
Consult: Black, The Law of
Judgments (2d ed., Saint Paul,
1903); Freeman, The Law of
Judgments (4th ed., San
Francisco, 1892).