School City of Peru v. State Ex Rel. Youngblood

On Petition for Rehearing.

Tremain, J.

In his petition for a rehearing the appellee insists that no question is presented to this court for the reason that the appellants filed a motion in arrest of judgment prior to filing the motion for a new trial. Authorities are cited to sustain that proposition. Watson’s Revision of Works Practice and Forms, Vol. 2, §1907, collects many authorities sustaining this proposition, and then says:

“So long as this rule stands, a motion in arrest of judgment should not be made until after a motion for a new trial, if it is desired to make one, but the rule should…