¶1Motion in arrest of judgment. A motion in arrest of judgment was made in this cause, founded on the copy of the declaration served on the defendant’s attorney, and an affidavit that the cause had been tried and a verdict rendered for the plaintiff. The declaration was entitled of February instead of January term, 1830; and the cause of action was therein stated to have arose in April, 1830. It was objected that the motion could be heard only on the circuit roll; for to authorize an arrest of judgment, the error, if any, must appear upon the record; and such was the decision of the court. The motion was accordingly denied,
5 Wend. 221
Lee v. Brown
Decided July 15, 1830
New York Supreme Court · decided 1830-07-15
<p>A motion in arrest of judgment must be made on the circuit roll; it will not be heard on a copy of the declaration served and an affidavit that a trial has been had.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1830-07-15
How this case has been cited
Cited by 3 later decisions — most recently April 1875
2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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