Common Law Procedure Act 1852

Arrest of Judgment and Judgment non obstante veredicto

And with respect to the Proceedings upon Motions to arrest the Judgment, and for Judgment Non obstante veredicto, be it enacted as follows:

CXLIII Upon Motion in arrest of Judgment, pursuant to 1 W.4 c.7, or for Judgment Non obstante veredicto, omitted Facts may by Leave of the Court be suggested.

Upon any Motion made in arrest of Judgment, or to enter an Arrest of Judgment, pursuant to the Statute passed in the First Year of His late Majesty King William the Fourth, intituled An Act for the more speedy Judgment and Execution in Actions brought in His Majesty's Courts of Law at Westminster, and in the Court of Common Pleas of the County Palatine of Lancaster, and for amending the Law as to Judgment on a Cognovit actionem in Cases of Bankruptcy, or for Judgment Non obstante veredicto, by reason of the Non-averment of some alleged material Fact or Facts or material Allegation, or other Cause, the Party, whose Pleading is alleged or adjudged to be therein defective, may, by Leave of the Court, suggest the Existence of the omitted Fact or Facts, or other Matter, which, if true, would remedy the alleged Defect; and such Suggestion may be pleaded to by the opposite Party within Eight Days after Notice thereof, or such further Time as the Court or a Judge may allow; and the Proceedings for Trial of any Issues joined upon such Pleadings shall be the same as in an ordinary Action.

CXLIV Judgment to follow Result of Suggestion.

If the Fact or Facts suggested be admitted, or found to be true, the Party suggesting shall be entitled to such Judgment as he would have been entitled to, if such Fact or Facts or Allegations had been originally stated in such Pleading, and proved or admitted on the Trial, together with the Costs of, and occasioned by, the Suggestion and Proceedings thereon ; but if such Fact or Facts be found untrue, the opposite Party shall be entitled to his Costs of, and occasioned by, the Suggestion and Proceedings thereon, in addition to any other Costs to which he may be entitled.

CXLV Costs of abortive Issues.

Upon an Arrest of Judgment, or Judgment Non obstante veredicto, the Court shall adjudge to the Party, against whom such Judgment is given, the Costs occasioned by the Trial of any Issues of Fact, arising out of the Pleading for Defect of which such Judgment is given, upon which such Party shall have succeeded; and such Costs shall be set off against any Money or Costs adjudged to the opposite Party, and Execution may issue for the Balance, if any.