A Treatise on the Law of Judgments: Including the Doctrine of Res Judicata, Том 1

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West publishing Company, 1891 - 1270 страници
 

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Methods of Classifying Judgments
17
Judgments on an Issue of Law 14 Judgments upon Verdict
18
Judgments without Verdict
19
Judgment against the Verdict
21
Names of Judgments in certain Special Actions 18 CrossClassifications of Judgments
24
Classification of Decrees
25
CHAPTER H FINAL AND INTERLOCUTORY JUDGMENTS AND DECREES 20 Reasons for the Distinction
26
Definition of Final Judgments
27
Under the Codes 28 Must be final as to all Parties
29
Must settle all the Issues
30
Uncertainty of the Amount
31
Judgment of Nonsuit 27 Dismissal of Suit
32
Judgment by Default
33
Judgment on Demurrer
34
Judgment on Plea in Abatement 81 Judgment for Costs
35
Granting or Refusing Extraordinary Remedies
36
On Motion for New Trial
38
Vacating or Reversing former Judgment
39
Order of Interpleader 86 Dissolving Attachments and Executions
40
Order removing Cause
41
Settling Accounts of Executors and Trustees 89 Judgment in Partition
42
In Condemnation Proceedings
43
Finality of Decrees
44
Further Action necessary to settle the Equities
46
Further Action necessary to execute the Decree
47
Decree ordering a Reference
48
Directing an Account
50
Decree suspending Rights until further Orders 47 Decree dissolving Partnership 48 Foreclosure of Mortgage
51
Sending Issue out of Chancery
52
CHAPTER m
53
Confession by Married Woman
60
Married Woman as Creditor 67 Confession by Partner
63
Joint Defendants
64
By Officers of a Corporation 60 Consent of Creditor is necessary
65
Requisites of Warrant of Attorney
67
Affidavit that Debt is
68
Statement of the Indebtedness
69
Signature to Statement
71
Verification of Statement 66 Amendment of Statement 67 Judgment voidable for Failure to comply with Statute
72
Valid between Parties
73
For what Judgment may be confessed
74
Debt not yet
75
For Future Advances
76
For contingent Liabilities
77
Amount of the Judgment 74 Liquidation of Amount by Clerk
78
Inclusion of Attorneys Fees
79
Recording the Judgment 77 Reversing and Vacating Judgments by Confession
80
Effects of confessed Judgment
82
CHAPTER IV
83
Joint Defendants
85
Jurisdiction of the Defendant
87
Mugt be founded on good Declaration
89
Premature Entry of Default 86 Default when proper
91
Conclusiveness of Judgment by Default
94
Entry by the Clerk
96
Interlocutory Judgment when necessary
97
Judgment by Default not aided by Presumptions
101
Opening and Vacating Judgments by Default 95 Review of Judgments by Default
102
CHAPTER V
103
Joinder of Good and Bad Counts
109
Misjoinder of Causes of Actiou
110
Objections to the Jury
111
Irregular or Defective Verdict 105 Grounds held insufficient
112
CHAPTER VI
113
Power and Duty of the Court to render Judgment
115
Application and Order for Judgment 109 Signature of Judge
116
Entry by the Clerk
119
Entry in wrong Book
121
Indexing the Judgment 118 Remedy against Clerk for Improper Entry
122
Contents of the Judgment 115 Form of the Judgment
123
Designation of the Parties
126
Designation of the Property
127
Designation of Amount of Recovery
128
Conditions in Judgment
133
Joint Defendants
134
CHAPTER VII
143
CHAPTER Vm
156
Designation of Amount
167
Judgment designating Medium of Payment 152 Judgment for Coined Money
168
CHAPTER IX
171
Amendment during the Term
172
Amendment after the Term
173
Correction of Clerical Errors
175
Supplying Omissions
176
Reforming and Perfecting the Judgment 158 Judicial Errors not to be thus Corrected
180
Amendment as to Amount of Judgment
181
Amendment in Respect of Parties
182
What Courts have Power of Amendment
184
Time of making Application
185
Method of applying for Amendment
186
Notice of Application
187
Evidence
189
Method of making Corrections 167 Allowance of Amendment is discretionary
191
Jurisdiction of Equity 169 Effect of Amendments on Third Persons
192
CHAPTER X
194
Jurisdiction 172 Character and Status of Parties 173 Constitution of the Court
197
Disqualified Judge
202
Acts of Judge de Facto
203
Judge out of Office 177 Time and Place of holding Court
204
17a Place of Trial
206
Judgment rendered in Vacation
207
After Expiration of Term
209
Premature Entry of Judgment
210
Sundays and Holidays
211
Judgment must be supported by the Pleadings
212
Judgment in Action not at Issue
213
Findings necessary to support the Judgment
214
Judgment must follow Verdict
215
CHAPTER XI
217
Judgments against Married Women at Common
219
For Debt contracted Dum Sola 190 Effect of Omission to plead Coverture
220
Under partially enabling Statutes
224
VOLUME I
226
Judgments against Infants
227
Service of Process on Infants
228
Appearance by Attorney or Guardian 196 Effect of Failure to plead Infancy
231
Decrees in Equity against Infants
232
Infant Plaintiffs 199 Judgments against Deceased Parties
234
Judgment against Decedent Voidable only
236
Death of One of Several Defendants
239
Entry ofJudgment against Decedent Nunc pro Tunc 208 Jurisdiction must be acquired before Partys Death
240
Judgment for Deceased Plaintiff
241
Judgments against Insane Persons
243
Joint Defendants at Common
245
In Actions of Tort 208 Joint Debtor Acts
247
One Defendant suffering Default
249
Judgment when Several when Joint
250
Joint Judgment as an Entirety
251
Confession of Judgment by Joint Defendants 213 Misnomer of Parties 214 Deicriptio Pertona
255
CoOrdinate Courts
305
What constitutes a Collateral Attack
306
Proceedings to prevent Execution of the Judgment
307
Habtat Corput Proceedings 255 Errors and Irregularities not Reviewable
310
Jurisdiction may be examined
312
Constitutionality of Statutes
314
Jurisdiction to render the Particular Sentence
316
Sufficiency of Process or Pleadings 260 To what Parties the Rule applies
317
Erroneous and Irregular Judgments
320
Mistakes in the Judgment
321
Irregular or Defective Service
322
Objections as to Parties
323
Legal Disability of Parties
324
Disqualification of Judge 267 Judgment for Excessive Amount
325
Insufficiency of Evidence 269 Illegal or Insufficient Cause of Action
326
For Want of Jurisdiction 270 Jurisdiction of Superior Courts presumed
327
Silence or Incompleteness of the Record
330
Appearance by Attorney
332
Jurisdictional Recitals
333
Decision of the Court upon its own Jurisdiction
336
Cases denying Conclusiveness of Record
337
Arguments on the Conclusiveness of Records
342
77 No Presumption against the Record
345
Whether Parties can Impeach Judgment for Fraud
362
Fraud must affect the Creditors
368
By Audita Querela
376
Interlocutory Judgments
384
Pennsylvania Practice 810 Judgment carried over the Term by Motion
385
Under Statutes
386
Judgments against NonResidents
387
The Parties who may Arri v
390
Legal Representatives of Party 817 Strangers
391
What Judgments may be Vacated 318 General Rule
392
Consent Judgments 820 Judgments in Divorce
393
Fraud and Collusion
396
Judgment taken contrary to Agreement 823 Perjury
398
Want of Notice
399
Unauthorized Appearance by Attorney
400
Irregularities
403
Judgments against Persons under Disabilities 328 Unauthorized Entries
404
Judgment not Vacated because Erroneous 330 Not for Grounds which might have been pleaded in Defense
405
Illegality of Cause of Action
406
Newlydiscovered Evidence 333 Judgment on reversed Judgment
407
Statutory Grounds for Vacating Judgments
408
Mistake
409
Surprise
410
Casualty or Misfortune
411
Sickness of Defendant
412
Sickness of Counsel
413
Excusable Neglect
414
Negligence of Attorney
415
Misunderstanding of Counsel
418
Unavoidable Absence of Counsel 844 Fraud of Attorney
419
Misinformation as to Time of Trial
420
297
425
CHAPTER XV
436
Grounds for Enjoining Judgments
448
Fraud in Preventing Defense
455
Unauthorized Appearance of Attorney
462
Practice on Application to Enjoin Judgment
486
Priority of Government Claims
490
What is Necessary to JudgmentLiens
501
Judgments against Personal Representatives 410 Nunc Pro Tunc Judgments
504
Decrees in Chancery
505
Judgments of Inferior Courts
506
Judgments of Federal Courts 414 Statutory Basis of such Liens
507
Territorial Extent of such Liens
509
Decrees in Admiralty
511
Territorial Restriction of Lien 418 Transfer of Judgment to Another County
513
Lien binds Real Estate
514
Actual Interest of Debtor bound
515
Title held in Trust
516
Inchoate Title
518
Land Fraudulently Conveyed
519
Exempt Property 425 Homestead Property
521
LifeEstates 427 Estates by Curtesy
523
Reversions and Remainders 429 Leasehold Interests
525
Land held by Joint Owners
526
Partnership Property
527
AfterAcquired Property
528
Equitable Estates and Interests
529
Equity of Redemption
530
Judgment against Trustee 436 Land held under a Power
532
Judgment against Cestui Que Trust
534
Interest of Vendor under Executory Contract
536
Interest of Vendee under Executory Contract
539
Estates successively conveyed Part IV Date of the Lien 441 Common Law Rule
540
Exceptions to the Rule
542
Present Statutory Rules
544
Cases in which Lien relates back
546
Lien is subject to Prior Equities
547
As against Prior Unrecorded Conveyance
549
Precedence of PurchaseMoney Mortgage
550
Priority by Date of Entry
552
Two Judgments entered the Same
554
Judgment and Conveyance entered the Same
555
Judgment given to secure Future Advances
557
Prior Undocketftd Judgment 454 As against Subsequent Dower Right 455 Priority by Superior Diligence
558
Priority by Prior Levy
559
Postponement by Stay of Execution 458 Postponement by Failure to Revive 459 Sale under Junior Judgment
561
Order of Priority on AfterAcquired Lands
562
Duration of the Lien 461 General Rules
563
Dormant Judgment Acts
564
Legislative Abridgement of the Time 464 Lien of Transferred Judgment
565
Extension of Lien by Agreement of Parties 466 Survival against JudgmentDebtor
566
Death of JudgmentDebtor 468 Remedies of Creditor after Expiration of Lien Part VII Suspension and Discharge of JudgmentLiens 469 General Prin...
568
Suspension of Lien by Injunction
569
Stay of Proceedings
570
Opening or Vacating Judgment 478 Appeal or Error
571
Bankruptcy 475 Appointment of Receiver 476 Taking Defendant on Ca
572
Payment 478 Cancellation or Entry of Satisfaction
573
Sale of the Land 480 Acquisition of Title by JudgmentCreditor 481 Release of Lien
574
Nature and Functions of the Writ
576
Venue of the Action
578
Right to sue out Scire Facias
579
Time of Issuing the Writ
580
Pleadings
581
Service of Writ
582
Parties Plaintiff
583
Parties Defendant
584
Same Judgment against Decedent
585
Joint Defendants
586
TerreTenants
587
Defenses
589
Same Payment Release SetOff 495 Same Discharge in Bankruptcy
590
Same Invalidity of Original Judgment
591
Same Collateral Agreements
592
Judgment on Scire Facia 499 Practice in Pennsylvania
593
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Страница 267 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void, and form no bar to a recovery sought, even prior to a reversal in opposition to them.
Страница 279 - Process from the tribunals of one state cannot run into another state, and summon parties there domiciled to leave its territory and respond to proceedings against them. Publication of process or notice within the state where the tribunal sits cannot create any greater obligation upon the nonresident to appear. Process sent to him out of the state, and process published within it, are equally unavailing in proceedings to establish his personal liability.
Страница 296 - I cannot doubt that, upon general principles, such a defect must avoid a judgment. It is impossible to concede that because A and B are parties to a suit, a court can decide any matter in which they are interested, whether such matter be involved in the pending litigation or not. Persons, by becoming suitors, do not place themselves for all purposes under the control of the court, and it is only over those particular interests which they choose to draw in question that a power of judicial decision...
Страница 250 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Страница 452 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Страница 308 - On the other hand, if the action or proceeding has an independent purpose and contemplates some other relief or result, although the overturning of the judgment may be important or even necessary to its success, then the attack upon the judgment is collateral.
Страница 63 - A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract, and of suing and being sued, either in contract or in tort, or otherwise, in all respects as if she were a feme sole...
Страница 366 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Страница 465 - Where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practiced on him by his opponent, as by keeping him away from court, a false promise of a compromise; or where the defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff...
Страница 460 - The question of fraud which is open to examination In such case Is as to something which Intervened In the proceedings by which the Judgment was obtained, and It must have occurred In the very concoction or procuring of the judgment, and not have been known to the opposite party at the time. and for not knowing which he Is not chargeable with neglect or Inattention.

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