THE FORM, TENOR AND EFFECT

OF THE VERDICT

New Trial, for Venire Facias De Novo, for Ar- rest of Judgment, for Judgment Notwith- standing the Verdict, and for a Repleader, come after Verdict and before Judgment, it is essential to understand that Judgment does not immediately follow Rendition of a Ver- dict. It is suspended for a short period of time to permit the Losing Party at the Nisi Prius Trial to examine the Pleadings in order to determine whether the Matters Alleged by the Prevailing Party are sufficient to sustain a Judgment on the Verdict, and to examine the Conduct of the Trial with reference to rulings of the Court and other conduct which might invalidate the Verdict.

Motions, see:

Bench in Personal Actions, c. XXXVIII, of New Trials; and Arrest of Judgment, &c., 813—840 (Philadelphia, 1807); Ames, A Selection of Cases on Pleading at Common Law, c. VII, Motions Based on the Pleadings, 265—299 (1st cd. Cambridge, 1875); Stephen, A Treatise on the Principles of Pleading in Civil Actions, c. I, Of the Proceedings in an Action, 124—129 (3d Am. ed. by Tyler, Wash- ington, B. C., 1900); Gould, A Treatise on the Prin- ciples of Pleading, Pt. II, Procedure, c. V, Arrest of Judgment and Repleader, 151—178 (6th ed. by Will, Albany 1909); Shipman, Handbook of Corn- mon-law Pleading, c. XX, Objections to Defects During or After Trial, 526—537 (3d ed. by Ballantine,

“WHEN it is said, as it must be said con- cerning four of the five Retrospective Mo- tions, that the Motion goes only upon the Rec- ord, what is meant is that in the consideration of that Motion the Court can look only at the Common Law Record, the Pleadings, the Process and the Verdict, all entered upon the Roll; and matters occurring at the Trial are not to be taken into account in Judgment up- on that Motion.”—Keigwin, Cases in Common Law Pleading, Bk. II, The Rules of Pleading, XVIII, Retrospective Motions, 768 (2d ed., Rochester 1934).

Where the Pleadings have terminated in a single, clear-cut, well-defined, material Is- sue of Fact and the Jury has Returned a

St. Paul 1923); Keigwin, Cases in Common Law

Pleading, c. XVIII, Retrospective Motions, 767—775

(2d ed., Rochester 1934); Millar, Civil Procedure of

the Trial Court in Historical Perspective, c. XIX,

Trial by Jury, § 5, The Motion in Arrest and Its

Congeners, 323 (New York 1952).

L.Q. 1 (1942); Riddell, New Trials in l’resent Practice, 27 Yale L.J. 353 (1918).

Court to Reduce Excessive Damages, IS Iowa L.Rev. 404 (1933);

Courts to Increase Inadequate Verdicts, 32 Mich.L.

Rev. 538 (1934); Correction of Damage Verdicts by

Remittitur and Additur, 44 Yale L.J. 318 (1934).

CHAPTER 27

RETROSPECTIVE MOTIONS1

Sec.

308 The Motion for Judgment Notwithstanding the Verdict.

and Rules of Court.