Upon hearing the evidence in the cause, it is considered by the court, that the said plaintiff have and recover of the said defendant the sum of twenty-five dollars, for his demand against the said defendant, with costs of suit herein, taxed at

cents.

AMOS S. WATERMAN.

5. Where Judgment is by Confession.

STATE OF ILLINOIS,

Lake COUNTY.

In Justice's Court-Before John L. Turner, Justice.

Plaintiff's demand, $25.00, for property sold and delivered.

1855-September 3d.-This day comes

said A. B. and C. D. The said C. D. waives process, and enters his appearance herein, and confesses that he is indebted to the said A. B. in the sum of twenty-five dollars, and the said parties request that judg ment may be rendered accordingly for that. amount. Whereupon, it is considered by the court, that the said plaintiff have and recover of the said defendant, the sum of twenty-five dollars, for his demand against the said defendant, and the costs of suit herein, taxed at cents.

JOHN L. Turner.

6. Where proceeding is against Garnishee, after execution is returned "no property found."

STATE OF ILLINOIS,

Lake COUNTY.

In Justice's Court-Before Hiram Hugunin, Justice.

1855-September 3d.-Garnishee summons issued on affidavit of the said A. B., return

able forthwith, and delivered to Norman Brown, constable, to serve. Summons returned by constable Brown at this date, personally served by reading to the said C. D. Constable's fees, 35 cents. Whereas judgment was rendered by me on the 10th day of April, A.D. 1855, in favor of the above A. B., and against E. F., for the sum of forty-eight dollars debt, and one dollar and fifty cents, costs of suit; and on the 10th day of July, A.D. 1855, an execution was returned by Horace Hinckley, constable, "no property found." The above named C. D., on examination on oath, as garnishee, testifies, that he was and still is indebted to the said E. F., in the sum of fifty dollars. It is therefore considered by the court, that the plaintiff have and recover of the said C. D., as garnishee of the said E. F., the sum of dollars and cents, being the amount of judgment, costs and interest in the proceedings aforesaid, together with the costs herein, taxed at

HIRAM HUGUNIN.

7. Where Administrators or Executors are Parties to a Suit.

STATE OF ILLINOIS,

In Justice's Court-Before L. M., Justice.

A. B. administrator of the

Estate of C. D., deceased, Demand, $20.00, for property purchased at administrator's sale.

vs.

E. F. and G. H.

(The entries will then follow as in other cases, according to the facts.) Where an executor is a party, he will be described thus: "A. B., executor of the last will and testament of C. D., deceased." When executors or administrators are defendants, they will, of course, be described in the same manner as when plaintiffs.

8. Minutes of Conviction of Witness attuched for Non-attendance.

STATE OF ILLINOIS, SS.
COUNTY,

Be it remembered that on the day of, 18—, John Doe is convicted before me, E. F., a justice of the peace of said county,

for his non-attendance as a witness to testify in a suit depending before me, wherein A. B. is plaintiff, and C. D. is defendant, it having been made to appear to me that he was duly subpoenaed to attend as a witness in said suit, and the said John Doe not having purged himself when called upon by me to show cause why he should not be fined for the said contempt; I do, therefore, adjudge and determine that, for the said contempt the said John Doe pay a fine of five dollars, and that he be imprisoned in the common jail of said county until he pay the fine aforesaid, or until he be duly discharged according to law. In witness whereof, I have hereunto set my hand and seal this day of-, 18E. F. [L. S.]

9. Memorandum to be entered where a Cause is appealed.

When a cause is appealed, the following memorandum should be made upon the docket:

August 10, 1855. The above named defendant, with Alvin Marsh as his security, filed his bond for an appeal to the Circuit court, which bond was approved by me, and appeal granted.

August 12, 1855. Bond, transcript, and all the papers in the case, this day filed in the office of the Clerk of the Circuit court.

AMOS S. WATERMAN, J. P.

11. Entry of Acknowledgment of Chattel Mortgage.

A. B.

to

C. D.

Mortgage of (here describe the property,) acknowledged this

The name of the mortgagor will be inserted in place of A. B., and the name of the mortgagee in place of C. D.1

(1) Rev. Stat. 9, Sec. 2.

CHAPTER XI.

OF JUDGMENT, COSTS, AND FILING TRANSCRIPT.

I. OF JUDGMENTS.

II. OF COSTS.

III. OF FILING TRANSCRIPT.

I. OF JUDGMENTS.

A judgment is the decision or sentence of the law, given by a court of justice, or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.

2

The language of judgments, therefore, is not that "it is decreed or "resolved" by the court; but "it is considered (consideratum est per curiam) that the plaintiff recover his debt, damages, or possession, as the case may require, or that the defendant do go without day.1 This implies that the judgment is not so much the decision of the court as the sentence of the law pronounced by the court after due deliberation and inquiry. To be valid, a judicial judgment must be given by a competent tribunal, at a time and place duly appointed, in comformity to law. A judgment would be null if the justice had not jurisdiction of the matter; or if, having such jurisdiction, he exercised it when there was no court held, or out of his district; or if he rendered judgment before the cause was prepared for a hearing. The judgment must confine itself to the question raised before the court, and cannot extend beyond it.1

There are four kinds of judgments in civil cases, namely: 1. When the facts are admitted by the parties, but the law is disputed; as in

(1) 1 Bouv. L. D. title "judgment." (2) 3 Bl. Com. 395. (3) See ante, p. 29; 4 Scam. 371. (4) 1 Bouv. L. D. title ". "judgment."

case of judgment upon demurrer. 2. When the law is presumed to be admitted, but the facts disputed; as in case of judgment upon verdict. 3. When both the law and the facts are admitted by confession; as in case of coynovit actionem, (a confession or acknowledgment of the action) on the part of the defendant; or a nolle prosequi (proceed no further) on the part of the plaintiff. 4. By default of either party in the course of legal proceedings. But under our statute, where the defendant fails to appear, it will not be taken as a confession of the plaintiff's demand. The plaintiff is nevertheless bound to prove his demand the same as if the defendant had appeared and denied the same.1

All these species of judgments, before mentioned, are either interlocutory or final. Interlocutory judgments are such as are given in in the middle of a cause upon some plea, proceeding, or default which is only intermediate, and does not finally determine or complete the suit. Of this nature are all judgments for the plaintiff upon pleas in abatement of the suit or action; in which it is considered by the court, that the defendant do answer over, respondeat ouster; that is, put in a more substantial plea. It is easy to observe that the judgment here given is not final, but merely interlocutory; for there are afterwards further proceedings to be had, when the defendant has put in a better answer.2 Final judgments are such as at once put an end to the action, by declaring that the plaintiff has either entitled himself, or has not, to recover the remedy he sues for.

3

The power of the justice in relation to rendering judgment, is a matter of statutory regulation, and has no doubt been already sufficiently recited or referred to in different portions of the preceding pages, to give the justice a full and fair idea upon this subject, should he not have already gained a sufficient knowledge in relation thereto from the statute itself. The following general suggestions, may therefore suffice in closing this division of the present chapter.

Nothing will be presumed against a judgment, and it will be regarded as right, until the contrary appears.

4

A judgment against one member of a firm, for a debt due by the firm, is a bar to a recovery against the other members.

5

A party that has been compelled to pay money by compulsion, under

(1) Rev. Stat. 318, Sec. 23.

(3) 3 Id. 398.

(5) 2 Gil. 414.

(2) 3 B1. Com. 397.

(4) 3 Scam. 117.