Cason v. Tate
Supreme Court of Missouri
ERROR to Callaway Circuit Court. 1. That, according to well-settled principles, motions in arrest of judgment can only extend to such errors or irregularities in the cause, as appear of record.— See 2 Tidd’s Practice, 948, 949; Second part of Archibold’s Practice, 280; Stephen on Pleading, 95, 96; 3 Blackstone, side page, 393. 2. That judgment will not be arrested for any errors or defects in the record, except they be such, that without amending, the court could not give a…
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ERROR to Callaway Circuit Court. 1. That, according to well-settled principles, motions in arrest of judgment can only extend to such errors or irregularities in the cause, as appear of record.— See 2 Tidd’s Practice, 948, 949; Second part of Archibold’s Practice, 280; Stephen on Pleading, 95, 96; 3 Blackstone, side page, 393. 2. That judgment will not be arrested for any errors or defects in the record, except they be such, that without amending, the court could not give a good judgment in the cause; and that no alleged departure of the verdict from the law, or evidence in the cause, can…
1Opinion of the CourtScott, Judge
Cason brought an action of debt against the defendants in a justice’s court, where, on a trial, the jury render a verdict against the plaintiff.
*47The justice before whom the cause was tried, granted a new trial, and continued the cause.
On the second trial, the parties appeared, and submitted the cause to the justice, who rendered a judgment for the plaintiff, from which the defendant appealed to the Circuit Court, where, on a trial de novo, the plaintiff again obtained a verdict.
The defendants then moved in arrest of judgment, for the reason that the justice had granted a new trial to the…
2Cases cited2 opinions
- Downing v. GarnerSupreme Court of Missouri · 1827
- Rutherford v. WimSupreme Court of Missouri · 1831
3Cited by6 opinions
- Bauer v. CabanneMissouri Court of Appeals · 1881
- Semple & Birge Manufacturing Co. v. ThomasMissouri Court of Appeals · 1881
- Union Savings Ass'n v. KeiskerMissouri Court of Appeals · 1880
- Langford v. City of DoniphanMissouri Court of Appeals · 1895
- Leith v. ShingletonMissouri Court of Appeals · 1890
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