Judgment
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Judgment
A decision by a court or other tribunal that resolves a controversy and determines the rights and obligations of the parties.
A judgment is the final part of a court case. A valid judgment resolves all the contested issues and terminates the lawsuit, since it is regarded as the court's official pronouncement of the law on the action that was pending before it. It states who wins the case and what remedies the winner is awarded. Remedies may include money damages, injunctive relief, or both. A judgment also signifies the end of the court's jurisdiction in the case. The Federal Rules of Civil Procedure and most state rules of civil procedure allow appeals only from final judgments.
A judgment must be in writing and must clearly show that all the issues have been adjudicated. It must specifically indicate the parties for and against whom it is given. Monetary judgments must be definite, specified with certainty, and expressed in words rather than figures. Judgments affecting real property must contain an explicit description of the realty so that the land can easily be identified.
Once a court makes a judgment, it must be dated and docketed with the court administrator's office. Prior to modern computer databases, judgments were entered in a docket book, in alphabetic order, so that interested outsiders could have official notice of them. An index of judgments was prepared by the court administrator for record keeping and notification purposes. Most courts now record their judgments electronically and maintain computer docketing and index information. Though the means of storing the information are different, the basic process remains the same.
A court may amend its judgment to correct inaccuracies or ambiguities that might cause its actual intent to be misconstrued. Omissions, erroneous inclusions, and descriptions are correctable. However, persons who were not parties to the action cannot be brought into the lawsuit by an amended judgment. The Federal Rules of Civil Procedure allow a judgment to be amended by a motion served within ten days after the judgment is entered. State rules of civil procedure also permit amendment of a judgment.
Different types of judgments are made, based on the process the court uses to make the final decision. A judgment on the merits is a decision arrived at after the facts have been presented and the court has reached a final determination of which party is correct. For example, in a Negligence lawsuit that is tried to a jury, the final decision will result in a judgment on the merits.
A judgment based solely on a procedural error is a dismissal Without Prejudice and generally will not be considered a judgment on the merits. A party whose case is dismissed without prejudice can bring the suit again as long as the procedural errors are corrected. A party that receives a judgment on the merits is barred from relitigating the same issue by the doctrine of Res Judicata. This doctrine establishes the principle that an issue that is judicially decided is decided once and for all.
A Summary Judgment may occur very early in the process of a lawsuit. Under Rule 56 of the Federal Rules of Civil Procedure and analogous state rules, any party may make a motion for a summary judgment on a claim, counterclaim, or cross-claim when he or she believes that there is no genuine issue of material fact and that he or she is entitled to prevail as a Matter of Law. A motion for summary judgment can be directed toward the entire claim or defense or toward any portion of the claim or defense. A court determines whether to grant summary judgment.
A Judgment Notwithstanding the Verdict is a judgment in favor of one party despite a verdict in favor of the opposing litigant. A court may enter a judgment notwithstanding the verdict, thereby overruling the jury verdict, if the court believes there was insufficient evidence to justify the jury's decision.
A consent judgment, or agreed judgment, is a final decision that is entered on agreement of the litigants. It is examined and evaluated by the court, and, if sanctioned by the court, is ordered to be recorded as a binding judgment. Consent judgments are generally rendered in domestic relations cases after the Husband and Wife agree to a property and support settlement in a Divorce.
A default judgment results from the named defendant's failure to appear in court or from one party's failure to take appropriate procedural steps. It is entered upon the failure of the party to appear or to plead at an appropriate time. Before a default judgment is entered, the defendant must be properly served notice of the pending action. The failure to appear or answer is considered an admission of the truth of the opposing party's Pleading, which forms the basis for a default judgment.
A deficiency judgment involves a creditor and a debtor. Upon a debtor's failure to pay his or her obligations, a deficiency judgment is rendered in favor of the creditor for the difference between the amount of the indebtedness and the sum derived from a Judicial Sale of the debtor's property held in order to repay the debt.
Enforcement of Foreign Judgments
The principle of territoriality generally limits the power of a state of judicial enforcement of actions to be taken within its territory. Consequently, when a judgment is to be enforced out of property in another state, or requires some act to be done in that other state, the judgment must be brought to the judicial tribunals of the second state for implementation. This allows the judicial tribunal of the enforcing state to examine the judgment to determine whether it should be recognized and enforced.
Conditions for recognizing and enforcing a judgment of a court of another country may be established by treaty or follow general principles of International Law. Under those principles, a court of one state will enforce a foreign judgment if (1) the judgment is final between the parties; (2) the court that granted the judgment was competent to do so and had jurisdiction over the parties; (3) regular proceedings were followed that allowed the losing party a chance to be heard; (4) no Fraud was worked upon the first court; and (5) enforcement will not violate the public policy of the enforcing state.
Once a judgment is entered, the prevailing party may use it to collect damages. This may include placing a judgment lien on the losing party's real property, garnishing (collecting from an employer) the losing party's salary, or attaching the losing party's Personal Property. A judgment lien is a claim against the real estate of a party; the real estate cannot be sold until the judgment holder is paid. Attachment is the physical seizure of property owned by the losing party by a law officer, usually a sheriff, who gives the property to the person holding the judgment.
Under the Full Faith and Credit Clause of the Constitution, a judgment by a state court must be fully recognized and respected by every other state. For example, suppose the prevailing party in a California case knows that the defendant has assets in Arizona that could be used to pay the judgment. The prevailing party may docket the California judgment in the Arizona county court where the defendant's property is located. With the judgment now in effect in Arizona, the prevailing party may obtain a writ of execution that will authorize the sheriff in that Arizona county to seize the property to satisfy the judgment.
Once a judgment has been paid by the losing party in a lawsuit, that party is entitled to a formal discharge of the obligation, known as a satisfaction of judgment. This satisfaction is acknowledged or certified on the judgment docket.
Further readings
McCarter, W. Dudley, and Christopher L. Kanzler. 2001. "Dismissal Without Prejudice: A Trap for the Unwary." Journal of the Missouri Bar 56.
Tunick, Mark. 2000. Practices and Principles: Approaches to Ethical and Legal Judgment. Princeton, N.J.: Princeton Univ. Press.
judgment
n. the final decision by a court in a lawsuit, criminal prosecution, or appeal from a lower court's judgment, except for an "interlocutory judgment" which is tentative until a final judgment is made. The word "decree" is sometimes used as synonymous with judgment. (See: decree)
JUDGMENT, practice. 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. This implies that
the judgment is not so much the decision of the court, as the sentence of
the law pronounced and decreed by the court, after due deliberation and
inquiry.
3. To be valid, a judicial judgment must be given by a competent judge
or court, at a time and place appointed by law, and in the form it requires.
A judgment would be null, if the judge had not jurisdiction of the matter;
or, having such jurisdiction, he exercised it when there was no court held,
or but of his district; or if be rendered a judgment before the cause was
prepared for a hearing.
4. The judgment must confine itself to the question raised before the
court, and cannot extend beyond it. For example, where the plaintiff sued
for an injury committed on his lands by animals owned and kept carelessly by
defendant, the judgment may be for damages, but it cannot command the
defendant for the future to keep his cattle out of the plaintiff's land.
That would be to usurp the power of the legislature. A judgment declares the
rights which belong to the citizen, the law alone rules future actions. The
law commands all men, it is the same for all, because it is general;
judgments are particular decisions, which apply only to particular persons,
and bind no others; they vary like the circumstances on which they are
founded.
5. Litigious contests present to the courts facts to appreciate,
agreements to be construed, and points of law to be resolved. The judgment
is the result of the full examination of all these.
6. 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 case
of judgment upon demurrer. 2. When the law is admitted, but the facts are
disputed; as in, case of judgment upon a verdict. 3. When both the law and
the facts are admitted by confession; as, in the case of cognovit actionem,
on the part of the defendant; or nolle prosequi, on the part of the
plaintiff. 4. By default of either party in the course of legal proceedings,
as in the case of judgment by nihil dicit, or non sum informatus, when the
defendant has omitted to plead or instruct his attorney to do so, after a
proper notice or in cases of judgment by non pros; or, as in case of
nonsuit, when the plaintiff omits to follow up his proceedings.
7. These four species of judgments, again, are either interlocutory or
final. Vide 3 Black. Com. 396; Bing. on Judg. 1. For the lien of judgment
in the several estates, vide Lien.
8. A list of the various judgments is here given.
9. Judgment in assumpsit is either in favor of the plaintiff or
defendant; when in favor of the plaintiff, it is that he recover a specified
sum, assessed by a jury, or on reference to the prothonotary, or other
proper officer, for the damages which he has sustained, by reason of the
defendant's non-performance of his promises and undertakings, and for full
costs of suit. 1 Chit. Pl. 100. When the judgment is for the defendant, it
is that he recover his costs.
10. Judgment in actions on the case for torts, when for the plaintiff,
is that he recover a sum of money ascertained by a jury for his damages
occasioned by the committing of the grievances complained of, and the costs
of suit. 1 Ch. Pl. 147. When for the defendant, it is for costs.
11. Judgment of cassetur breve, or billa, is in cases of pleas in
abatement where the plaintiff prays that his "writ" or "bill" "may be
quashed, that he may sue or exhibit a better one." Steph. Pl. 130, 131, 128
Lawes, Civ. PI.
12. Judgment by confession. When instead of entering a plea, the
defendant chooses to confess the action; or, after pleading; he does, at any
time before trial, both confess the action and withdraw his plea or other
allegations; the judgment against him, in these two cases, is called a
judgment by confession or by confession relicta verificatione. Steph. Pl.
130.
13. Contradictory judgment. By this term is understood, in the state of
Louisiana, a judgment which has been given after the parties have been
heard, either in support of their claims, or in their defence. Code of
Pract. art. 535; 11 L. R. 366, 569. A judgment is called contradictory to
distinguish it from one which is rendered by default.
14. Judgment in covenant; when for the plaintiff, is that he recover an
ascertained sum for his damages, which he has sustained by reason of the
breach or breaches of the defendant's covenant, together with costs of suit.
1 Chitty's Plead. 116, 117. When for the defendant, the judgment, is for
costs.
15. Judgment in the action of debt; when for the plaintiff, is that he
recover his debt, and in general, nominal damages for the detention thereof;
and in cases under the 8 and 9 Wm. III. c. 11, it is also awarded, that the
plaintiff have execution for the damages sustained by the breach of a bond,
conditioned for the performance of covenants; and that plaintiff recover
full costs of suit. 1 Chitty's Pl. 108, 9.
16. In some penal and other particular actions the plaintiff does not,
however, always recover costs. Espinasse on Pen. Act. 154: Hull. on Costs,
200; Bull. N. P. 333; 5 Johns. R. 251.
17. When the judgment is for the defendant, it is generally for costs.
In some penal actions, however, neither party can recover costs, 5 Johns. R.
251.
18. Judgment by default, is a judgment rendered in consequence of tho
non-appearance of the defendant, and is either by nil dicit; vide Judgment
by nil dicit, or by non sum informatus; vide Judgment by non sum informatus.
19. This judgment is interlocutory in assumpsit, covenant, trespass,
case, and replevin, where the sole object of the action is damages; but in
debt, damages not being the principal object of the action, the plaintiff
usually signs final judgment in the first instance. Vide Com. Dig. Pleader,
B 11 and 12, E 42; 7 Vin. Ab. 429; Doct. Pl. 208; Grah. Pr, 631 Dane's Ab.
Index, h.t.; 3 Chit. Pr. 671 to 680; Tidd's Pr. 563; 1 Lilly's Reg. 585;
and article Default.
20. Judgment in the action of detinue; when for the plaintiff, is in the
alternative, that he recover the goods, or the value thereof, if he cannot
have the goods themselves, and his damage for the detention and costs. 1 Ch.
Pl. l21, 2; 1 Dall. R. 458.
2l. Judgment in error, is a judgment rendered by a court of error, on a
record sent up, from an inferior court. These judgments are of two kinds, of
affirmance and reversal. When the judgment is for the defendant in error,
whether the errors assigned be in law or in fact, it is "that the former
judgment be affirmed, and stand in full force and effect, the said causes
and matters assigned for error notwithstanding, and that the defendant in
error recover $____ for his damages, charges and costs which he hath
sustained," &c. 2 Tidd's Pr. 1126; Arch. Forms, 221. When it is for the
plaintiff in error, the judgment is that it be reversed or recalled. It is
to be reversed for error in law, in this form, that it be reversed, annulled
and altogether holden for nought." Arch. Forms, 224. For error in fact the,
judgment is recalled, revocatur. 2 Tidd's Pr. 1126.
22. A final judgment is one which puts an end to the suit.
23. When the issue is one in fact, and is tried by a jury, the jury at
the time that they try the issue, assess the damages, and the judgment is
final in the first instance, and is that the plaintiff do recover the
damages assessed.
24. When an interlocutory judgment has been rendered, and a writ of
inquiry has issued to ascertain the damages, on the return of the
inquisition the plaintiff is entitled to a final judgment, namely, that he
recover the amount of damages so assessed. Steph. Pl. 127, 128.
25. An interlocutory judgment, is one given in the course of a cause,
before final judgment. When the action sounds in damages, and the issue is
an issue in law, or when any issue in fact not tried by a jury is decided in
favor of the plaintiff, then the judgment is that the plaintiff ought to
recover his damages without specifying their amount; for, as there has been
no trial by jury in the case, the amount of damages is not yet ascertained.
The judgment is then said to be interlocutory.
26. To ascertain such damages it is the practice to issue a writ of
inquiry. Steph. Pl. 127. When the action is founded on a promissory note,
bond, or other writing, or any other contract by which the amount due may be
readily computed, the practice is, in some courts, to refer it to the
prothonotary or clerk to assess the damages.
27. There is one species of interlocutory judgment which establishes
nothing but the inadequacy of the defence set up this is the judgment for
the plaintiff on demurrer to a plea in abatement, by which it appears that
the defendant has mistaken the law on a point which does not affect the
merits of his case; and it being but reasonable that he should offer, if he
can, a further defence, that judgment is that he do answer over, in
technical language, judgment of respondeat ouster. (q.v.) Steph. Plead,
126; Bac. Ab. Pleas, N. 4; 2 Arch. Pr. 3.
28. Judgment of nil capiat per breve or per billam. When an issue arises
upon a declaration or peremptory plea, and it is decided in favor of the
defendant, the judgment is, in general, that, the plaintiff take nothing by
his writ, (or bill,) and that the defendant go thereof without day, &c. This
is called a judgment of nil capiat per breve, or per billam. Steph. Pl. 128.
29. Judgment by nil dicit, is one rendered against a defendant for want
of a plea. The plaintiff obtains a rule on the defendant to plead within a
time specified, of which he serves a notice on the defendant or his
attorney; if the defendant neglect to enter a plea within the time
specified, the plaintiff may sign judgment against him.
30. Judgment of nolle prosequi, is a judgment entered against the
plaintiff, where, after appearance and before judgment, he says, "he will
not further prosecute his suit." Steph. Pl. 130 Lawes Civ. Pl. 166.
31. Judgment of non obstante veredicto, is a judgment rendered in favor
of the plaintiff, without regard to the verdict obtained by the defendant.
32. The motion for such judgment is made where after a pleading by the
defendant in confession and avoidance, as, for example, a plea in bar, and
issue joined thereon, and verdict found for, the defendant, the plaintiff on
retrospective examination of the record, conceives that such plea was bad in
substance, and might have been made the subject of demurrer on that ground.
If the plea was itself substantially bad in law, of course the verdict,
which merely shows it to be true in point of fact, cannot avail to entitle
the defendant to judgment; while on the other hand the plea being in
confession and avoidance, involves a confession of the plaintiff's
declaration, and shows that he was entitled. to maintain his action. In such
case, therefore, this court will give judgment for the plaintiff, without
regard to the verdict; and this, for the reasons above explained, is called
a judgment upon confession. Sometimes it may be expedient for the plaintiff
to move for judgment non obstante, &c., even though the verdict be in his
own favor; for, if in such case as above described, he takes judgment as
upon the verdict, it seems that such judgment would be erroneous, and that
the only safe course is to take it as upon confession. 1 Wils. 63; Cro.
Eliz, 778 2 Roll. Ab. 99. See also, Cro. Eliz. 2 1 4 6 Mod. 1 0; Str. 394; 1
Ld. Raym. 641; 8 Taunt. 413; Rast. Ent. 622; 1 Wend. 307; 2 Wend. 624; 5
Wend. 513; 4 Wend. 468; 6 Cowen, R. 225. See this Dict. Repleader, for the
difference between a repleader and a judgment non obstante veredicto.
33. Judgment by non sum informatus, is one which is rendered, when
instead of entering a plea, the defendant's attorney says he is not informed
of any answer to be given to the action. Steph. Pl. 130.
34. Judgment of non pros. (from non prosequitur,) is one given against
the plaintiff, in any class of actions, for not declaring, or replying, or
surrejoining, &c., or for not entering the issue.
35. Judgment of nonsuit, Practice, is one against the plaintiff, which
happens when, on trial by jury, the plaintiff, on being called or demanded,
at the instance of the defendant, to be present while the jury give their
verdict, fails to make his appearance.
36. In this case, no verdict is given, but the judgment of nonsuit
passes against the plaintiff. So if, after issue be joined, the plaintiff
neglect to bring such issue on to be tried in due time, as limited by the
practice of the court, in the particular case, judgment will be also given
against him for this default; and it is called judgment as in case of
nonsuit. Steph. Pl. 131.
37. After suffering a nonsuit, the plaintiff may commence another action
for the same cause for which the first had been instituted.
38. In some cases, plaintiffs having obtained information in what manner
the jury had agreed upon their verdict before it was delivered in court,
have, when the jury were ready to give in such verdict against them,
suffered a nonsuit for the purpose of commencing another action and
obtaining another trial. To prevent this abuse, the legislature of
Pennsylvania have provided, by the Act of March 28, 1814, 6:Reed's L. 208,
that "whenever on the trial of any cause, the jury shall be ready to give in
their verdict, the plaintiff shall not be called, nor shall he then be
permitted to suffer a nonsuit."
39. Judgment quod computet. The name of an interlocutory judgment in an
action of account render that the defendant do account, quod computet. Vide
4 Wash. C. C. R. 84; 2 Watts, R. 95; 1 Penn. R. 138.
40. Judgment quod recuperet. When an issue in law, other than one
arising on a dilatory plea, or an issue in fact, is decided in favor of the
plaintiff, the judgment is, that the plaintiff do recover, which is called a
judgment quod recuperet. Steph. Pl. 126; Com. Dig. Abatement, I 14, I 15; 2
Arch. Pr. 3. This judgment is of two kinds, namely, interlocutory or final.
41. Judgment in replevin, is either for the plaintiff or defendant.
42.-1. For the plaintiff. 1. When the declaration is in the detinuit,
that is, where the plaintiff declares, that the chattels "were detained
until replevied by the sheriff," the judgment is that he recover the damages
assessed by the jury for the taking and unjust detention, or for the latter
only, where the former was justifiable, as also his costs. 5 Serg. & Rawle,
133 Ham. N. P. 488.
43.-2. If the replevin is in the detinet, that is, where the plaintiff
declares that the chattels taken are "yet detained," the jury must find,
'in addition to the above, the value of the chattels, (assuming that they
are still detained,) not in a gross sum, but each separate article; for tho
defendant, perhaps, will restore some, in which case the plaintiff is to
recover the value of the remainder. Ham. N. P. 489; Fitz. N. B. 159, b; 5
Serg. & Rawle, 130.
44.-2. For the defendant. 1. If the replevin be abated, the judgment
is, that the writ or plaint abate, and that the defendant (having avowed)
have a return of the chattels.
46.-2. When the plaintiff is nonsuited) the judgment for the
defendant, at common law, is, that the chattels be restored to him, and this
without his first assigning the purpose for which they were taken, because,
by abandoning his suit, the plaintiff admits that he had no right to
dispossess the defendant by prosecuting the replevin. The form of this
judgment. is simply "to have a return," without adding the words "to hold
irreplevisable." Ham. N. P. 490.
46. As to the form of judgments in cases of nonsuit, under the 21 Hen.
VIII. c. 19, and 17 Car. II. c. 7, see Ham. N. P. 490, 491; 2 Ch. Plead.
161; 8 Wentw. Pl. 116; 5 Serg. & Rawle, 132; 1 Saund. 195, n. 3; 2 Saund.
286, n. 5. It is still in the defendant's option in these cases, to take his
judgment pro retorno habendo at common law. 5 Serg. & Rawle, 132; 1 Lev.
265; 3 T. R. 349.
47.-3. When the avowant succeeds upon the merits of his case, the
common law judgment is, that he "have return irreplevisable," for it is
apparent that he is by law entitled to keep possession of the goods. 5 Serg.
& Rawle, 135; Ham. N. P. 493; 1 Chit. Pl. 162. For the form of judgments in
favor of the avowant, under the last mentioned statutes, gee Ham. N. P. 494-
5.
48. Judgment of respondeat ouster. When there is an issue in law,
arising on a dilatory plea, and it is decided in favor of the plaintiff, the
judgment is only that the defendant answer over, which is called a judgment
of respondeat ouster. The pleading is accordingly resumed, and the action
proceeds. Steph. Pl. 126; see Bac. Abr. Pleas, N 4; 2 Arch. Pr. 3.
49. Judgment of retraxit, is one where, after appearance and before
judgment, the, plaintiff enters upon the record that he "withdraws his
suit;" in such case judgment is given against him. Steph. Pl. 130.
50. Judgment in an action on trespass, when for the plaintiff, is, that
he recover the damages assessed by the jury, and the costs. For the
defendant, that he recover the costs.
51. Judgment in action on the case for trover, when for the plaintiff,
is, that he recover damages and costs. 1 Ch. Pl. 157, For the defendant, the
judgment is, that he recover his costs.
52. Judgment of capiatur. At common law, on conviction, in a civil
action, of a forcible wrong, alleged to have been committed vi et armis,
&c., the defendant was obliged to pay a fine to the king, for the breach of
the peace implied in the act, and a judgment of capiatur pro fine was
rendered against him, under which he was liable to be arrested, and
imprisoned till the fine was paid. But by the 5 W. & M. c. 12, the judgment
of capiatur pro fine was abolished. Gould on Pl. Sec. 38, 82; Bac. Ab. Fines
and Amercements, C 1; 1 Ld. Raym. 273, 4; Style, 346. See Judgment of
misericordia, 53. Judgment of misericordia. At common law, the party to, a
suit who did not prevail was punished for his unjust vexation, and therefore
judgment was given against him, quod sit in misericordia pro falso clamore.
Hence, when the plaintiff sued out a writ, the sheriff was obliged to take
pledges of prosecution before he returned it, which when fines and
amercements were considerable, were real and responsible persons, and
answerable for those amercements; but now they are never levied, and the
pledges are merely formal, namely, John Doe and Richard Roe. Bac. Ab. Fines,
&c., C 1 1 Lord Ray. 273, 4.
54. In actions where the judgment was against the defendant, it was
entered at common law, with a misericordia or a capiatur. With a
misericordia in actions on contracts, with a capiatur in actions of
trespass, or other forcible wrong, alleged to have been committed vi et
armis. See Judgment of capiatur; Gould on Pl. c. 4, Sec. 38, 82, 83.
55. Judgment quod partitio fiat, is a judgment, in a writ of partition,
that partition be made; this is not a final judgment. The final judgment is,
quod partitio facta firma et stabilis in perpetuum teneatur. Co. Litt. 169;
2 Bl. Rep. 1159.
56. Judgment quod partes replacitent. The name of a judgment given when
the court award a repleader.
57. When issue is joined on an immaterial point, or a point on which the
court cannot give a judgment determining the right, they award a repleader
or judgment quod partes replacitent. See Bac. Ab. Pleas, &c., M; 3 Heyw.
159; Peck's R. 325. See, generally, Bouv. Inst. Index, h.t.
JUDGMENT, ARREST OF, practice. This takes place when the court withhold
judgment from the plaintiff on the ground that there is some error appearing
on the face of the record, which vitiates the proceedings. In consequence of
such error, on whatever part of the record it may arise, from the
commencement of the suit to the time when the motion in arrest of judgment
is made, the court are bound to arrest the judgment.
2. It is, however, only with respect to objections apparent on the
record, that such motions can be made. They cannot, in general, be made in
respect to formal objections. This was formerly otherwise, and judgments
were constantly arrested for matters of mere form; 3 Bl. Corn. 407; 2
Reeves, 448; but this abuse has been long remedied by certain statutes
passed at different periods, called the statutes of amendment and jeofails,
by the effect of which, judgments, cannot, in general, now be arrested for
any objection of form. Steph. Pl. 117; see 3 Bl. Com. 393; 21 Vin. Ab. 457;
1 Sell. Pr. 496.