White v. Caldwell

This was an appeal to the circuit court of Marion county from an order of distribution made by the probate court of that county, in the matter of the estate of Samuel B. Caldwell, deceased. The circuit court heard the controversy anew and rendered judgment ordering distribution, as the probate court had ordered it. No motion for a new trial was filed; but a motion in arrest *692of judgment was filed setting up various grounds of error which, might well have been set up in a motion for a new trial, but which are not available to arrest a judgment; such as, that the judgment was against the…