ON THE LAW OF JUDGMENTS. INCLUDING ALL FINAL DETERMINATIONS OF THE RIGHTS AT LAW OR IN EQUITY. BY A. C. FREEMAN, COUNSELOR AT LAW. FOURTH EDITION, REVISED AND GREATLY ENLARGED. IN TWO VOLUMES. VOL. 1. SAN FRANCISCO: BANCROFT-WHITNEY COMPANY, LAW PUBLISHERS AND LAW BOOKSELLERS, 1898. ALLAND STANFORD, JR., UNIVERSITY 57457 Entered according to Act of Congress, in the year 1873, BY A. L. BANCROFT & COMPANY, In the office of the Librarian of Congress, at Washington. Entered according to Act of Congress, in the year 1874, BY A. L. BANCROFT & COMPANY, In the office of the Librarian of Congress, at Washington. Entered according to Act of Congress, in the year 1881, BY A. L. BANCROFT & COMPANY, In the office of the Librarian of Congress, at Washington. PREFACE. THE author of this book believes that its publication is amply justified by the importance of the subject of which it treats, by the frequency with which a correct understanding of that subject is essential to a proper and consistent administration of the law, and by the absence of any other work which even professes to treat of the matters considered in this. A judgment is not invariably "the end of the law." Perhaps nothing so fairly demonstrates the persistence of litigants as their constant efforts to escape the consequences of prior defeats. Scarcely a term passes in any of the courts of last re. sort, in this country or in England, in which it does not become. necessary to determine the effect of some prior adjudication An examination of the reports will convince any one that there are but few branches of the law which had been more frequently before the courts than the Law of Judgments. Whoever, for the first time, gives his special attention to this branch of the law will be less surprised at the number of the decisions than at the assurance with which the most irreconcilable conclusions have been announced. Cases have frequently been disposed of in accordance with principles which the court evidently regarded as indisputable, but which, in fact, were in direct conflict with the law as understood in most of the other states. Nor can this be deemed remarkable, when we remember that no attempt had been made to collate the various decisions constituting the Law of Judgments. This work, though not formally subdivided in that manner, consists of seven parts: Part first, including chapters one to seven, shows of what the Record or Judgment Roll is composed, and states the various classifications and definitions of Judgments and Decrees, and the rules applicable to Entries མ |