ARREST OF JUDGMENT. To move in arrest of judg ment, is to shew cause why judgment should be staid, notwithstanding verdict given ; for in many cases, though there be a judgment, no verdict can be had.
Arrests of judgment arise principally from intrinsic causes appearing upon the face of .he record. Of this kind are, 1. Where the declaration varies totally from the original writ ; as where the writ is in debt or deti nue, and the plaintiff declares in an action on the case for an assumfisit. 2. Where the verdict materially dif fers from the pleadings and issue thereon. 3. Where the case laid in the declaration is not sufficient in point of law to found an action upon. And it is an invariable rule, with regard to arrests of judgment upon matters of law, " that whatever is alleged in arrest of judgment, must be such matter as would. upon demurrer, have been sufficient to overturn the action or Om." But the rule will not hold„e converso," that every thing that may be alleged, as cause of demurrer, will he good when plead ed in arrest of judgment ;" for if a declaration or plea omits to state some particular circumstance, without proving of which, at the trial, it is impossible to sup port the action or defence, this omiss:on shall be aided by a verdict. For the verdict ascertains those facts, which, from the inaccuracy of the pleadings, might previously be dubious ; and the law will not suppose, that a jury, under the inspection of a judge, would find a verdict for the plaintiff or defendant, unless he had proved those circumstances, without which his general allegation is defective. The exceptions, therefore, which are moved in arrest of judgment, must be much more material and glaring than such as will maintain a demur rer: for many inaccuracies and omissions, which would be fatal, if early observed, are cured by a subsequent verdict, and are not suffered, in the last stage of a cause, to unravel the whole proceedings.
Arrests of judgment may likewise arise from ex trinsic causes ; as, for example, where there has been a want of notice of trial; or where the plaintiff, before trial, treats the jury.
Judgment may be arrested, upon good cause shewn, in criminal, as well as in civil cases. When the defen dant appears in person, either upon a capital or an infe rior conviction, he may, at this period, as well as at his arraignment, offer any exceptions to the indictment, in arrest of judgment : and if the objections be valid, the whole proceedings shall be set aside ; but the party may be indicted again. A pardon may be pleaded in arrest of judgment, with the same advantage as when pleaded on arraignment : It saves the attainder, and of course the corruption of blood ; which parliament only can restore, when a pardon is not pleaded until after sen tence.
Four days are allowed to move in arrest of judgment; and the defendant bath all the term wherein the verdict was given to speak any thing to arrest it, if the plaintiff bath not given his four days rule, and signed his judg ment : after which he is put to his writ of error. See Blackst. Comment. B. III. ch. 24. Jacob's Law Dict. Art. 4rrest of Judgment. (z)