Ball Bros. v. Holland

Citations

• 76 Fla. 268
• 79 So. 635

Syllabus

<p>1. A motion in arrest of judgment must be based upon matters appearing on the face of the record.</p> <p>2. Motions in arrest of judgment arise from intrinsic causes appearing upon the fact of the record, and must be founded upon such matter as would, upon demurrer, have been sufficient to overthrow the action or plea.</p> <p>3. A motion in arrest of judgment, where the verdict and judgment are in favor of the plaintiff, will not be granted if the declaration on its face shows a valid cause of action and is not demurrable.</p> <p>4. Where a praecipe for summons is filed and summons is issued thereon to three persons and served on two of them returnable to April rule day on which day the two enter an appearance, and the declaration in assumpsit is not filed till August, but default judgment for failure to plead is entered, subsequent to which time during a term of the Circuit Court, the amount due was ascertained by a Jury and judgment rendered thereon, a motion in arrest of judgment is properly denied.</p>