Judgments in civil causes, considered with respect to the method of obtaining them, may be thus classified. 1. When the result is obtained by the trial of an issue of fact. In this case the trial may involve questions both of law and fact, but the law is applied incidentally to the trial of the disputed facts, as in the ad- mission or rejection of evidence, the con- duct of the trial, and the instruction of the jury or, it may be, in the determination of the question whether the evidence is suffi- cient either in quality or quantity to be submitted to the jury. In these cases the law is admitted or applied to facts found by a jury or the court. Judgments upon facts found are the fol- lowing: (1) Judgment of nul tiel record(q. v.) occurs when some pleading denies the existence of a record, and issue is joined thereon; the record being produced is com- pared by the court with the statement in the pleading which alleges it; and if they correspond, the party asserting its exist- ence obtains judgment; if they do not cor- respond, the other party obtains judgment of nul tiel record. (2) Judgment upon verdict (q. v.) is the most usual of the judgments upon facts found, and is for the party obtaining the verdict. (3) Judgment non obstante veredicto is a judgment rendered in favor of the plaintiff notwithstanding the verdict for the defend- ant: this judgment is given upon motion (which can only be made by the plaintiff) when, upon an examination of the whole proceedings, it appears to the court that the defendant has shown himself to be in the wrong, and that the issue, though de- cided in his favor by the jury, is on a point which does not at all better his case; Smith, Act. 161. This is sometimes called a judgment upon confession, because it oo- curs after a pleading by defendant in con- fession and avoidance and issue joined thereon, and verdict found for defendant, and then it appears that the pleading was bad in law and might have been demurred to on that ground. The plea being sub- stantially 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 de- claration, and shows that he was entitled to maintain his action. Sometimes it may be expedient for the plaintiff to move for judgment non obstante veredicto, even though the verdict be in his favor; for, in a case like that described above, if 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; Cro. Eliz. 778; 2 Rolle, Abr. 99; 1 Bingh. N. C. 767. See, also, Cro. Eliz. 214; 6 Mod. 10; 8 Taunt. 413; Ras- tell, Ent. 622; 1 Wend. 307; 5 id. 513; 6 Cow. 225. See NON OBSTANTE VEREDICTO. (4) A judgment of repleader is given when issue is joined on an immaterial point, or one on which the court cannot give a judgment which will determine the right. On the award of a repleader, the parties must recommence their pleadings at the point where the immaterial issue origin- ated. See REPLEADER. This judgment is interlocutory, quod partes replacitent. See Bacon, Abr. Pleas, 4 (M): 3 Hayw. 159. 2. When the facts are admitted by the parties, leaving only issues of law to be de- termined, which are as follows: (1) Judgment upon a demurrer against the party demurring concludes him, be- cause by demurring, a party admits the facts alleged in the pleadings of his adver- sary, and relies on their insufficiency in law. See DEMURRER. (3) It sometimes happens that though the adverse parties are agreed as to the facts, and only differ as to the law arising out of them, still these facts do not so clearly ap- pear on the pleadings as to enable them to obtain the opinion of the court by way of demurrer; for on demurrer the court can look at nothing whatever except the plead- ings. In such circumstances the statute 3 & 4 Will. IV. c. 42, § 25, which has been imitated in most of the states, allows them after issue joined, and on obtaining the consent of a single judge, to state the facts in a special case for the opinion of the court, and agree that a judgment shall be entered for the plaintiff or defendant by confession or nolle prosequi immediately after the decision of the case; and judg- ment is entered accordingly, called judg- ment on a case stated. (3) Sometimes at the trial the parties find that they agree on the facts, and the only question is one of law. In such case a verdict pro forma is taken, which is a species of admission by the parties, and is general, where the jury find for the plain- tiff generally, but subject to the opinion of the court on a special case, or special, where they state the facts as they find them, concluding that the opinion of the court shall decide in whose favor the ver- dict shall be, and that they assess the dam- ages accordingly. The judgments in these cases are ca