Arrest of judgment

The act of a court by which the judges refuse to ^rivo judgment for the plaintiff, because upon the face of the record it appears that the plaintiff is not entitled to it. A motion for arrest of judgment must be grounded on some objection arising on the face of the record itself: state v. Casey, if La. Ann. 969, 11 South. 583; Mc Gill v. Rothgeb, 45 111. App. 511; and no defect in the evidence or Irregularity at the trial can be urged in this stage of the proceedings. But any want of sufficient certainty in the indictment, as in the statement of time or place (where material), of the person against whom the offence was committed, or of the facts and circumstauces constituting the offence, or otherwise, which Is not aided by the verdict, is a ground for arresting the judgment In criminal cases, an arrest of judgment is founded on exceptions to the matter as would on demurrer have been sufficient to overturn the action or plea. In the applicability of the rule there is no difference between civil and criminal cases; Delaware Division Canal Co. v. Com., GO Ta. 367, 100 Am. Dec. 570. Although the defendant himself omits to make any motion iu arrest of judgment, the court, if, on a review of the case, it is satisfied that the defendant has not been found guilty of any offence in Law, will of itself arrest the judgment; 1 East 146. Where a statute upon which an indictment is founded was repealed after the finda ing of the indictment, but before plea pleaded, the court arrested the judgment; 18 Q. B. 761; Dearsl. 3. See also 8 Ad. & E. 496; 1 Russ. & R. 429; Com. v. Marshall, 11 Pick. (Mass.) 350, 22 Am. Dec. 377; Com. v. Pattee, 12 Cush. (Mass.) 501. If the judgment is arrested, all the proceedings are set aside, and judgment of acquittal is given; but this will be no bar to a new indictment; Comyns. Dig. Indictment, N.; 1 Bish. Cr. Law 998. Where a judgment rendered has been reversed, and a new trial granted, which is had upon the same indictment in the same court, a motion in arrest of judgment on the ground of a former acquittal of a higher offence charged in the indictment, is good where such facts appear in the record; Golding v. State, 31 Fla. 262, 12 South. 525. ARRESTANDIS BONIS NE DISSIPEN-

In practice. The act of staying a judgment or refusing to render judgment in an action at law, after verdict, for some matter intrinsic appearing on the face of the record, which would render the judgment, if given, erroneous or reversible. 3 BL Comm. 393 ; 3 Steph. Comm. 628 ; 2 Tidd, Pr. 918; Browning v. Powers, 142 Mo. 322, 44 S. W. 224; People v. Kelly, 94 N. Y. 526 ; Byrne v. Lynn, 18 Tex. Civ. App. 252, 44 S. W. 311.

Defined under Arrest in Black's Law Dictionary.

In practice, The act of staying a judgment, or refusing to render judgment in an action at law, after verdict, tor some matter intrinsic appearing on the face of the record, which would render the judzment, if given, erroneous or reversible. 3 131. Comm. 393; 3 Steph. Comm. 628; 2 Tidd, Pr. 918. ARRESTANDIS BONIS NE DISSI-

A staying of judgment error apparent on the record. Arrestandis bonis ne dissipentur, I. A whose cattle or goods were taken by another make away with them and unable to make

In practice. The act of staying a judgment, or refusing to render judgment m an action at law, after verdict, for some matter intrinsic appearing on the face of the record, which would render the judgment if given, erroneous or reversible; as where the verdict differs materially from the pleadings and issue; or where the case laid m the declaration is not sufficient in point of law, to found an action upon. 3 Bl. Com. 393. 3 Steph. Com. 628. 2 Tidd's Pr. 918. Mansel on Demurrer, 162.

see Judgment, Arrest of., ARRESTANDIS bonis ne dessipentur, in the English law, a writ for him whoge cattle or goods, being taken during a controversy, are likely to be wasted and consumed.