Underwood v. Heath & Co.

This was a suit on account. A verdict was directed for the plaintiff. The defendant made what he denominated as a “motion in arrest of judgment, under petition and [rule] nisi.” The plaintiff demurred thereto; the judge sustained the general demurrer and reserved decision on the special demurrers. To this judgment sustaining the general demurrer to the defendant’s motion in arrest of judgment, the defendant excepts.

When a judgment has been rendered either party may move in arrest thereof for any defect not amendable which appears on the face of the record or the pleading, and this motion must…