JUDGMENT5

"Legal Lexicon":
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.
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.
JUDGMENT IN ACTION ON THE CASE FOR TROVER, when for the plaintiff, is, that he recover damages and costs. For the defendant, the judgment is, that he recover his costs.
JUDGMENT OF CAPIATUR. At common law, on conviction, in a civil action, of a forcible wrong, alleged to have been committed vi et armis, etc., 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 the judgment of capiatur pro fine was abolished.
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.
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.
JUDGMENT QUOD PARTES REPLACITENT. The name of a judgment given when the court award a repleader.
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.
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