ARREST' OF JUDGMENT. in the practice of the English common-law courts, an expedient on the part of an unsuccessful defendant, after verdict rendered against him, to have the judg ment stayed or arrested, on the ground that there was some error which vitiated the proceedings. If the objection succeeded it was fatal to the prosecution of the plaintiff's cause of action, there being no opportunity for amendment after trial. The severity of this rule has been some what modified by legislation, so that. under mod ern applications of the remedy, the action or prosecution may in a proper case be renewed. At the present day, in the United States as well as in England, a defendant may have the judg ment against him arrested only for good and sufficient reason appearing on the record of the case, as where the pleadings are not a sufficient basis for the action, or if there be a fatal vari ance between the pleadings or indictment and the proof upon which the verdict was rendered. But the existence of facts deli ors the record, as the discovery of new evidence, or a verdict reached by the jury against the weight of evidence, will not justify an arrest of judg ment. In the former ease the court must pro
ceed to judgment. notwithstanding the new facts alleged to exist, and in the latter case the court can only set aside the verdict and order a retrial of the case. This is a very different result from that which attends an arrest of judgment, the effect of which is to set aside all proceedings in the case and dismiss the complaint or indictment. This relief is usually obtained upon the defend ant's motion. made after verdict and before judgment, but the court has the power to grant it even if it be not demanded. Judgment once rendered is conclusive, and cannot he arrested. It may. however. under proper circumstances— as where taken by the excusable default of the rlefendant—be reopened by the court in which it was obtained, or its execution may. for good cause, he stayed on application to a higher court. See JUDGMENT; STAY; and the works there referred to.