Final judgment

“ We are of the opinion that the Court of Appeals erred in dismissing the first appeal as interlocutory. Petitioner was convicted and sentenced. Final judgment in a criminal case means sentence. The sentence is the judgment. ”

“ Although the verdict suggested in the fostering care of the people or in its lack, may be wrong, as future ages may show, yet for us in our inquiry in the twentieth century this jury is our only court of appeal and its dictum must be final. ”

“ That judgment, persistent all through each of our lives, is preliminary to the future tribunal and sentence. The Apostle employs in this context two distinct words, both of which are translated in our version ‘judge.’ The one which is used in these three clauses, on which I have been commenting, means a preliminary examination, and the one which is used in the next verse means a final decisive trial and sentence. ”

“ In general, a 'judgment' or 'decision' is final for the purpose of appeal only 'when it terminates the litigation between the parties on the merits of the case, and leaves nothing to be done but to enforce by execution what has been determined.' St. ”

“ If any of the parties shall refuse to submit to the authority of such court, or shall not appear to prosecute or defend their claim or cause, the court shall nevertheless proceed to pronounce judgment The judgment shall be final and conclusive. ”

“ And the rule requires that the judgment to be appealable should be final not only as to all the parties, but as to the whole subject-matter and as to all the causes of action involved. Louisiana Navigation Co. ”

“ Leaving the body under the earth, accompany the soul passing to a new and unknown region, where she expecteth the sentence of the eternal judge. Imagine with thyself that thou art present at this tribunal, and the whole court of heaven, waiting with deep silence, and great attention, the event and sentence of this judgment, here must be given a strict account of all receivings and disbursements. ”

“ Can the opinion of the judge introduce any fact into the cause? Where a judgment is rendered on a special verdict, for example, can he, by an opinion filed ten days afterwards, control the facts found in that verdict? ”

“ If it should be said, that the judgment might be unjust upon the merits, or erroneous in point in law, the proper answer is, that if true, that would furnish no ground for interference; for the evils of a new trial would be greater, than it would cure. Every such judgment ought to be presumed to be correct, and founded in justice. ”

“ Every man, of any feeling or conscience, will answer, 'No.' It is not only his right, but his duty, in that case, to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.' 'The English law obliges no man to decide a cause upon oath against his own judgment.' 2 John Adams' Works, 253-255. ”

“ Many other questions are made in the record; but as this is a controlling one, we have thought it unnecessary to discuss them. We are satisfied that the judgment must be reversed, with directions to award a new trial; and it is. ”

“ For, as He is infinitely wise, He cannot deceive Himself in judgment; as He is absolutely good, He cannot wrest justice; as He is omnipotent, no man can resist His sentence; and as He is the Supreme Judge, there is no appeal from His tribunal, nor supplication; His sentence is always definitive and irrevocable. For all that may be seen in this process He sees and comprehends it at first sight, so that a review is superfluous.
4. Considering these things, I will imagine that my soul stands to be judged before the tribunal of so upright a judge as God our Lord is. ”

“ Can a judgment inflicting fine or imprisonment be reversed by a court of error, because that judgment proceeded on an indictment containing both bad and good counts, and in respect of which some of the findings of the jury were either defective or defectively entered?—Let us now listen to the decision of that venerable body of men, who are, in the language of our great commentator, "the depositaries of the laws, the living oracles, who must decide in all cases of doubt, and who are bound by an oath to decide according to the law of the land." ”

“ We may make the nature of such a doubt clearer to the court by alluding to a very common rule in the application of the general principle in certain cases, and the rule will readily appeal to the judgment of the court as a remarkable and singularly beautiful example of the inexorable logic with which the law applies its own unfailing reason. ”

“ Nay, if there were none at all, it would be enough to sustain this objection, that men of finite and limited judgment do inflict, on testimony which admits of doubt, an infinite and irreparable punishment. ”

“ An inward tribunal, which you can no longer cheat with sceptical delusions, will then wake up and pass judgment upon you. But the waking up will be like that of one buried alive in the bowels of the churchyard; there will come remorse like that of the suicide who has committed the fatal act and repents it;—'twill be a flash of lightning suddenly breaking in upon the midnight darkness of your life! There will be one look, and, if you can sustain that, I will admit that you have won! ”

“ Under the responsibility of reputations as precious to them as those of the highest court, and under the sanction of an oath, they arrive at conclusions, and present their reasons for such conclusions, which form one, not the exclusive, element for a court and jury to arrive at a just judgment. ”

“ No proceedings in error or appeal shall be allowed after such stay has been taken, nor shall a stay be taken on a judgment entered as herein contemplated, against one who is surety in the stay of execution.' Laws Neb. ”

“ This case presents several questions of some difficulty; but, as the argument has been ex parte, and there are other points on which the judgment must necessarily be reversed, the Court will confine its opinion to those on which no doubt can arise. ”

“ If he succeeds in performing the conditions so laid upon him, he will have judgment; if he fails even in the slightest point, he is 446defeated. His task is to satisfy the requirements of the law, not to convince the court of the truth of his case. ”

“ But waiving this point, if the proceedings are not absolutely void, the judgment is conclusive, and if they are void, the remedy for persons not before the court as a party is not by writ of error, but by suit for his property. ”

“ You must put the evidence in the scales of your judgment, and your manhood must stand at the scales, and then you must have the courage to tell which side goes down and which side rises.
That is all we ask. We ask the mercy of an honest verdict, and of your honest opinion. We ask the mercy of a verdict born of your courage, a verdict born of your sense of justice, a verdict born of your manhood, remembering that you are the peers of any in the world. And it is for you to say, gentlemen, whether these defendants are worthy to live among their fellow-citizens ”

“ The parties having by stipulation submitted the case to the court without a jury, and the court made a special finding of facts, on which it held the law to be for defendant, and rendered a judgment accordingly, the question before us is, whether the judgment is justified by the facts found? ”

“ If we correctly apprehend the position of the case as stated in the record in the suit in which judgment was rendered,-and which was handed to the court at the close of the argument, with the consent of both sides that it should be considered by us, there can be no difficulty in this case in reaching a correct conclusion. ”

“ The character of the man as well as the clearness of his judicial judgment may be seen from a single extract from a decision written by himself in a celebrated case which came before the court during his incumbency of the supreme bench. ”

“ Nothing short of conclusions of fact will answer the requirement of the law in a court of errors, whether the foundation of the judgment is an agreed statement, a special verdict, or a special finding under the recent act of Congress, as in the case before the court. ”

“ My reasons for agreeing to the conclusion announced by the court are separately stated to prevent all implication of an expression of opinion on my part as to a subject which, in my judgment, the case does not require, and which, as it is given me to see it, may not be made without a plain violation of my duty. ”

“ We ought to prove in general, that in whatever case a condition is imposed upon the will of a master or his agent, in bona fide trials, this is to be considered according to the judgment of a good man. ”

“ It is the duty of the court to see that the defendant thoroughly understands the situation and acts voluntarily before receiving it.' See also 4 Blackstone, Commentaries at *329: 'Upon a simple and plain confession, the court hath nothing to do but to award judgment ”

“ It is sufficient if from them all, taken together with the pleadings, we can see enough upon a fair construction to justify the judgment of the court, not withstanding their want of precision and the occasional intermixture of matters of fact and conclusions of law. ”

“ Thompson, [39] is that a judgment in a former action is conclusive where the same cause of action was adjudicated between the same parties, or the same point was put in issue on the record and directly found by the verdict of a jury ”

“ It inaccurately represents the reasoning of the judgment. In 129 La. it is said to have been made by the court. However that may be, we look to the opinion for the original and authentic statement of the grounds of decision. ”

“ The mind associates the pronouncing of a verdict and a sentence of death with a court of justice, a solemn judge in his robes, the ministers of the law, the dock, a pallid and almost breathless audience. ”

“ Such a judgment, it is provided by the statute, may be re examined by this court. Can it be rationally contended that such a judgment as the statute describes can be affirmed of a proceeding which on its face declares that no conclusion upon any fact or circumstance, nor on any question of law connected with it, has been formed? That all that has occurred is a mere formality, and nothing more, and has been adopted expressly to avoid a judgment. ”

“ A declaration before judgment is like any other paper in the proceedings of a cause, and may be disputed and amended until the matters alleged in it have been finally adjudicated and settled, and until it has been enrolled, and then it becomes a record, and is 'the highest evidence,' and not until then. ”

“ But the court said in that case that the conclusiveness of the sentence formed no part of the essence of the powers of the court. Its powers to act are as ample, independent of their final quality, as with it. ”

“ There is but a single question of law in the case, viz.: are the facts found sufficient to support the judgment? This question may be affected by a greater or less number of considerations, but it is the sole question. ”

“ As in courts of judgment among men the proceedings are in writing and upon record, which is laid open when the cause comes to a hearing, the examination of witnesses is produced, and affidavits are read, to clear the matter of fact, and the statute and common-law books are consulted to find out what is the law, so, in the judgment of the great day, the equity of the sentence will be as incontestably evident as if there were books opened to justify it. ”

“ God breathes, not speaks, his verdicts, felt not heard—Passed on successively to each court, I call Man's conscience, custom, manners, all that make More and more effort to promulgate, mark God's verdict in determinable words, Till last come human jurists—solidify Fluid results,—what's fixable lies forged, Statute,—the residue escapes in fume, Yet hangs aloft a cloud, as palpable To the finer sense as word the legist welds. ”

“ Even a judgment in proceedings strictly in rem binds only those who could have made themselves parties to the proceedings, and who had notice, either actually or by the thing condemned being first seized into the custody of the court. ”

“ Doing a thing by law, or according to law, is only carrying the law into execution. And punishing a man by, or according to, the sentence or judgment of his peers, is only carrying that sentence or judgment into execution. ”

“ But I would not press the matter upon you too severely; the reparation shall be left to your own discretion; but you must decide upon what it is to be, before the Court break up.
LATITIA.
⁠Decide so soon! Will not to-morrow do, or the day after to-morrow, or the day after that?
BRIGHTLY.
⁠No, neither to-morrow nor any following morrow will do; you must pronounce your own sentence before the Court break up.
LATITIA (going about in a bewildered manner) .
⁠O, dear! what can I do? what can I say? how shall I decide? ”

“ Judgment is not a tribunal dawning on the close of the world's weary centuries, but the momentary assimilation of a celestial or an infernal love leading to states and acts, rewards and retributions, corresponding. ”

“ The third court may, indeed, pass an erroneous judgment; and then the injury is without redress. But this objection is without end, and, therefore, without force. No method can be found of preserving humanity from errour; but of contest there must sometime be an end; and he, who thinks himself injured for want of an appeal to a fourth court, must consider himself as suffering for the publick. ”

“ Finality and appealability have provided judges, lawyers, and commentators with a perpetual subject for debate. [1] But litigants have too often been thrown out of court because their lawyers failed to guess that an order would be held 'final' by an appellate court. ”