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RESPUBLICA v. LACAZE

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2 U.S. 118 (1791)

2 Dall. 118

1 L.Ed. 313

RESPUBLICA, versus LACAZE et al.

Supreme Court of Pennsylvania.

September 1, 1791.

Attorney(s) appearing for the Case

The defendants pleaded 1st Payment, 2d Nil debent; and the issues were tried in September term last, when a verdict was found in favor of the plaintiff, for the sum of £3,768. 9.7. A motion was, thereupon, made in arrest of judgment, and for a new trial; which was argued in July term 1791, by Du Ponceau, Coxe, Bradford, and Sergeant for the Plaintiff; and by Moylan, Mifflin, Ingersoll, Randolph, and Lewis for the Defendants.

The CHIEF JUSTICE now delivered the unanimous opinion of the Court.

McKEAN, Chief Justice.

The defendants have moved, that the judgment rendered on the verdict in this cause, should be stayed on seven grounds; and they have assigned one ground, upon which a new trial ought to be granted.

A motion for a new trial should not be made, after a motion in arrest of judgment, unless in cases where the party had no...

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