QUOD COMPUTET

4 definitions found across Law Mind sources

QUOD COMPUTETAuthored
The Law Mind • 973 words
Definition
Latin: "that he account." A preliminary or interlocutory judgment directing that an accounting be rendered. Quod computet is not a final judgment on the merits; it is the first stage of a two-part adjudicative process, establishing that the defendant is obligated to account, and ordering that the actual accounting proceed before auditors, a master, or other designated officer. The final reckoning and monetary judgment follow as a second step. The judgment arises in two primary contexts: 1. Action of account-render (actio de computo): The common law action by which a plaintiff compelled a defendant — typically an agent, bailiff, guardian, or partner — to render an account of money or property received on the plaintiff's behalf. Quod computet was the threshold judgment that the defendant must account; the subsequent hearing before auditors produced the final liability determination. 2. Equity proceedings: In creditors' bills against executors or administrators, a court of equity could issue an equivalent interlocutory decree directing that accounts be taken before a master, mirroring the common law form. ---
Common Confusion
Quod computet is frequently misread as a final judgment because it resolves the threshold dispute — whether an accounting obligation exists — in a decisive way. It is not. It resolves only the duty to account, not the amount owed. A researcher encountering quod computet in a reported case should look for the subsequent proceedings before auditors or a master to find the disposition of the actual claim. Conflating the interlocutory judgment with final judgment misrepresents where the litigation stood at that moment. ---
Why It Matters in Research
Structural pattern: This term follows the historical evolution pattern. Quod computet belongs to the action of account-render, a form of action that effectively disappeared from common law pleading practice as equity absorbed accounting disputes during the eighteenth and nineteenth centuries. Researchers working in pre-nineteenth-century common law records will encounter this judgment form; researchers working in modern sources almost certainly will not, except in historical commentary. The two-stage procedural structure is critical context. Primary source records may contain a quod computet entry without any corresponding record of the auditors' report or final judgment — either because they were recorded separately, because proceedings lapsed, or because settlement intervened. Treating quod computet alone as the outcome of the case is a research error. In equity materials, watch for functionally identical interlocutory decrees directing accounts to be taken before a master. These may not use the Latin phrase but are the conceptual equivalent. The shift from law to equity in accounting disputes means the terminology shifts as well: equity reporters use "reference to a master" or "account directed" rather than quod computet, but the procedural logic is the same. Corpus researchers should note that Law Mind sources containing quod computet entries may truncate their coverage, as several historical dictionary entries bleed into adjacent maxims (quod constat clare, quod constat curiae) without clean separation. When reading historical dictionary text, verify that the definition applies to quod computet specifically and not to the immediately following maxim. ---
Historical Dictionary Support
All four source dictionaries agree on the core meaning: quod computet is an interlocutory judgment in the action of account requiring the defendant to account. The sources converge without meaningful divergence on this point. Burrill's Law Dictionary is the most procedurally precise, identifying the judgment as "the first or interlocutory judgment in the action of account, requiring the defendant to account before auditors" and grounding the entry in Blackstone's Commentaries (3 Bl. Com. 163) and Story's Equity Jurisprudence (§ 447). This dual citation signals what the others confirm: the form existed at law and had an equity analogue. Black's Law Dictionary (both editions) and Rapalje & Lawrence extend the definition to include creditors' bills against executors and administrators — equity proceedings where a court could direct accounts to be taken before a master. This extension reflects the absorption of accounting disputes into equity practice. The first edition of Black's is slightly truncated in the surviving source text (the entry runs into the adjacent maxim), but the substance is consistent with the second edition's complete text. Rapalje & Lawrence describe it as "an interlocutory judgment or decree in a matter of account," using both terms to capture the law/equity duality. This phrasing is accurate and useful for researchers who may encounter the equivalent equity decree under different terminology. No source dictionary addresses the disappearance of the action of account-render or the obsolescence of the form. Researchers should not infer from dictionary silence that the action remained viable; it did not survive the consolidation of law and equity in most American jurisdictions. ---
Jurisdictional Note
The action of account-render, and with it the judgment quod computet, was a common law form that fell into effective disuse in most American jurisdictions during the nineteenth century as equity courts assumed jurisdiction over accounting disputes. Code pleading reforms, beginning with the New York Field Code of 1848 and spreading across states, further dissolved the formal distinction. The term is primarily relevant to historical research in colonial and early republic records and to English common law materials. ---
Related Terms
Account-render (actio de computo) — the parent common law action in which quod computet arose Auditors — the officers appointed to receive the account after judgment quod computet Reference to a master — the equity analogue; the procedural mechanism replacing auditors in equity proceedings Interlocutory judgment — the genus of which quod computet is a species Quod recuperet — the final judgment form at common lawby contrast; that the plaintiff recover Account stated — a related but distinct concept; an agreed settlement of an account Fiduciary accounting — the modern doctrinal context most closely descended from the underlying obligation
QUOD COMPUTETmain
Black's Law Dictionary • 1891
That he account. Judgment quod computet is a preliminary or interlocutory judgment given in the action of account-render (also in the case of cred- itors' bills against an executor or adminis- trator, directing that accounts be taken be- fore a master or auditor. Quod constat clare non debet veri- ficari. What is clearly apparent need not be proved. 10 Mod. 150. Quod constat curiæ opere testium non indiget. That which appears to the court needs not the aid of witnesses. 2 Inst. 662. Quod contra legem fit pro infecto habetur. That which is done against law is regarded as not done at all. 4 Coke, 31a. QUOD FIERI DEBET, ETC. Quod contra rationem juris recep- tum est, non est producendum ad con- sequentias. That which has been received against the reason of the law is not to be drawn into a precedent. Dig. 1, 3, 14. For that
QUOD COMPUTETmain
Black's Law Dictionary (2nd Ed.) • 1910
That he account. Judgment quod computet is a preliminary or interlocutory judgment given in the action of account-render (also in the case of creditors’ bills against an executor or administrator,) directing that accounts be taken before a master or auditor. Quod constat clare non debet verificari, What is clearly apparent need not be proved. 10 Mod. 150. Quod constat curisz opere testium non indiget. That which appears to the court needs not the aid of witnesses. 2 Inst. 662. Quod contra legem fit pro infecto habetur. That which is done against law is regarded as not done at all. 4 Coke, 31d. Quod contra rationem juris receptum est, non est producendum ad consequen-
QUOD COMPUTETmain
Rapalje & Lawrence • 1883
- An interlocutory judgment or decree in a matter of account. Quod constat clare, non debet verificari: That which is clearly apparent needs not to be verified. Quod constat curie, opere testium non indiget (2 Inst. 662): What is manifest

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