CHAPTER XXIV.

OF JUDGMENT, AND ITS INCIDENTS.

1. What follows after the trial?—387.

The judgment of the court upon what has previously passed; both the matter of law and matter of fact being now fully weighed and adjusted.

2. May judgment be suspended, or finally arrested?-387, 388.

It may, for certain causes; for it cannot be entered till the next term after trial had, and that upon notice to the other party.

3. What are, generally, the causes of suspending the judgment by · granting a new trial?—387.

If any defect of justice happen at the trial, by surprise, inadvertence, or misconduct, the party may have relief in the court above by obtaining a new trial.

4. For what reasons does the court award a new trial?—387.

For these reasons among others of a like kind, wholly extrinsic, arising from matter foreign to, or dehors the record, viz., want of notice of trial, or any flagrant misbehavior of the party prevailing towards the jury, which may have influenced their verdict; or any gross misbehavior of the jury among themselves: also, if it appears by the judge's report, certified to the court, that the jury have brought in a verdict without or contrary te evidence; or if they have given exorbitant damages; or if the judge himself has misdirected the jury.

5. What if two juries agree in the same or a similar verdict ?—387. A third trial is seldom awarded.

6. How has the court, in granting new trials, opportunity of supplying the defects in the mode of trial by jury?—392.

By laying the party applying under all such equitable terms as his antagonist shall desire and mutually offer to comply with

such as the discovery of some facts upon oath; the admission of others not intended to be litigated; the production of deeds, books, and papers; the examination of witnesses, infirm or going beyond sea, and the like.

7. From what causes do arrests of judgment arise ?—393.

From intrinsic causes, appearing upon the face of the record.

8. What is the invariable rule with regard to arrests of judgment upon matter of law?—394.

That whatever is alleged in arrest of judgment must be such matter as would, upon demurrer, have been sufficient to overturn the action or plea. But the rule will not hold e converso, that every thing that may be alleged as cause of demurrer will be good in arrest of judgment."

9. What are judgments?-395.

The sentence of the law, pronounced by the court upon the matter contained in the record.

10. Of what sorts are judgments?—395, 396.

Of four sorts: 1. Upon demurrer.

2. On a verdict.

3. By confession or default.

4. By nonsuit or retraxit.

11. Whose determination and sentence is the judgment?-396. Though pronounced or awarded by the judges, it is the determination and sentence of the law. It is the conclusion that necessarily and regularly follows from the premises of law and fact.

12. Of what natures are all the four sorts of judgment?-396. Of two interlocutory or final.

13. What are interlocutory judgments?—396.

They are such as are given 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.

14. What is the judgment of respondeat ouster ?—397.

It is judgment, upon plea in abatement, that the defendant do answer over, that is, put in a more substantial plea; and it is interlocutory, for there are afterwards further proceedings to be had.

15. What is a writ of inquiry to assess damages ?-398.

It is a writ whereby the sheriff is commanded that, by the oaths of twelve honest and lawful men, he inquire into the damages, and return such inquisition into court.

16. What is final judgment?—398.

Such as at once puts an end to the action, by declaring that the plaintiff has either entitled himself, or has not, to recover the remedy he sues for.

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17. Which party shall pay the costs of the suit ?—399.

The vanquished party; it being a maxim of the common and civil laws, "victus victori in expensis condemnandus est.”

18. As to whom are costs not incident to judgment?-400.

The king, and any person suing to his use, shall neither pay nor receive costs.

19. What follows immediately after judgment?—401.

Execution, unless the party condemned avails himself of his remedy by writ in the nature of appeal.

CHAPTER XXV.

OF PROCEEDINGS IN THE NATURE OF APPEALS.

1. What are the proceedings in nature of appeals from the proceedings of the courts of law?-402-407.

They are principally four: 1. Writ of attaint; 2. Writ of deceit, or action on the case in nature of it; 3. An audita querela; 4. Writ of error.

2. What is the writ of attaint? —402.

A writ which lieth to enquire whether a jury of twelve men gave a false verdict, that so the judgment thereupon may be reversed; and this must be brought in the lifetime of him for whom the verdict was given, and of two at least of the jurors who gave it.

3. What jury are to try the false verdict ?-404.

The jury to try this false verdict must be twenty-four, and are called the grand jury.

4. What was the judgment, by the common law, if this grand jury found the verdict a false one?—404.

That the jurors should lose their liberam legem and become forever infamous; should forfeit their goods and the profits of their lands; should themselves be imprisoned, and their wives and children thrown out of doors; should have their houses razed, their trees extirpated, and their meadows ploughed; and that the plaintiff should be restored to all that he lost by reason of the unjust verdict.

5. What has superseded writs of attaint ?-405.

The practice of setting aside verdicts upon motion and granting new trials.

6. What is an audita querela ?—405, 406.

An audita querela is a writ of a most remedial nature, and seems to have been invented, lest in any case there should be an oppressive defect of justice, where a party who hath a good defense is too late to make it in the ordinary forms of law. It lies, for the defendant, in the nature of a bill in equity, to be relieved against the oppression of the plaintiff. It also lies for bail, when judgment has been obtained against them by scire facias to answer the debt of their principal, and it happens afterward that the original judgment against the principal is

reversed.

7. What has rendered this writ almost useless ?-406.

The indulgence now shown by the court in granting summary relief upon motion, in cases of evident oppression.

8. What is the principal method of redress for erroneous judg ments ?-406.

Writ of error

9. Upon what matter only does writ of error lie?-406.

For some supposed mistake in the proceedings of a court of record; and only upon matter of law arising upon the face of the proceedings.

10. What writ lies to amend errors in a base court, not of record? -407.

The writ of false judgment.

11. Were writs of error formerly brought upon slight grounds?—

407.

They were, upon very slight and trivial grounds, as misspellings and other mistakes of the clerks, which, at common law, could not be amended after the term in which judgment was rendered.

12. How was this remedied?-407.

The courts now allow such amendments while the suit 18 depending, notwithstanding the record be made up, and the term be past.

13. How, otherwise, are mistakes effectually helped ?—408, 409.

By the statutes of amendment and jeofails; so called, because, when a pleader perceives any slip in the form of his proceedings, and acknowledges such error, (jeo faile), he is at liberty by those statutes to amend it.

14. For what mistakes only may writs of error, now, be brought?

408.

Material mistakes.