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Bayless v. Jones

Bayless v. Jones, 37 N.E. 421 (Ind. Ct. App. 1894)
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Court
Indiana Court of Appeals · State Appellate Courts
Decided
May 8, 1894
Docket
No. 1,177
Judges
Gavin
Citations
37 N.E. 42110 Ind. App. 1021894 Ind. App. LEXIS 117
Headnotes
Judgment. — Motion in Arrest of. — Question, Sow Saved. — In order to save any question by a motion in arrest of judgment, it must be made before the judgment is rendered. Same. — Motion in Arrest of. — Reaches What Defects. — A motion in arrest of judgment, based upon defects in the complaint, reaches only such defects as are not cured by the verdict or finding.
Summary
From the Clinton Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gavin

Text extracted by OCR from a scanned original; check the original for exact wording.

Gavin, J.

In order to save any question by a motion in arrest of judgment, it must be made before the judgment is rendered. Potter v. McCormack, 127 Ind. 489 ; Colchen v. Ninde, 120 Ind. 88 ; Hansher v. Hanshew, 94 Ind. 208 ; Brownlee, Admr., v. Hare, 64 Ind. 311 ; Hilligoss v. Pittsburgh, etc., R. R. Co., 40 Ind. 112 ; Smith v. Dodds, 35 Ind. 452 .

The motion in this case was, therefore, filed too late. Even had it been filed at the proper time, it would have availed nothing, because whatever defect there may have been in the complaint was cured by the verdict. Hasselman Printing Co. v. Fry, 9 Ind. App. 393 ; Duffy v. Carman, 3 Ind. App. 207 ; Citizens’ St. R. W. Co. v. Willoeby, 134 Ind. 563 , and cases there cited.

A motion in arrest, based upon defects in the complaint, reaches such only as are not cured by the verdict or finding. Jones v. Ahrens, 116 Ind. 490 ; Sims v. Dame, 113 Ind. 127 ; Balliett v. Humphreys, 78 Ind. 388 .

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1905: 11910: 11920: 119052026peak 1905 · 1

Relies on it most ⓘ

  1. McAfee v. Bending76 N.E. 412 (Ind. Ct. App. 1905)
  2. Smith v. Biesiada90 N.E. 1009 (Ind. 1910)
  3. Lilly v. Local Union No. 120128 N.E. 369 (Ind. Ct. App. 1920)

Most recent

  1. Lilly v. Local Union No. 120128 N.E. 369 (Ind. Ct. App. 1920)
  2. Smith v. Biesiada90 N.E. 1009 (Ind. 1910)
  3. McAfee v. Bending76 N.E. 412 (Ind. Ct. App. 1905)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 12

DepthCaseCited by
Smith v. Dodds, 35 Ind. 452 (1871) 39
Colchen v. Ninde, 22 N.E. 94 (Ind. 1889) 39
Citizens' St. R.R. v. Willoeby, 33 N.E. 627 (Ind. 1893) 32
Brownlee v. Hare, 64 Ind. 311 (1878) 27
Sims v. Dame, 15 N.E. 217 (Ind. 1888) 21
Hilligoss v. Pittsburgh, Cincinnati, & St. Louis R.R., 40 Ind. 112 (1872) 7
Hansher v. Hanshew, 94 Ind. 208 (1883) 7
Balliett v. Humphreys, 78 Ind. 388 (1881) 6
Duffy v. Carman, 29 N.E. 454 (Ind. Ct. App. 1891) 6
Jones v. Ahrens, 19 N.E. 334 (Ind. 1889) 4
Wolf v. Zimmerman, 26 N.E. 173 (Ind. 1891) 4
Hasselman Printing Co. v. Fry, 35 N.E. 1045 (Ind. Ct. App. 1893) 3

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