172 Ga. 224 | Ga. | 1931
When a judgment has been rendered, either party may move in arrest thereof or to set it aside for any defect, not amendable, which appears on the face of the record or pleadings. Civil Code, § 5957. A motion in arrest of judgment differs from a motion for a new trial in this: The former must be predicated on some defect which appears on the face of the record or pleadings, while the latter must be predicated on some extrinsic matter not so appearing. § 5958. In Terrell v. State, 9 Ga. 58, it was held: “It appearing from the statement on the face of the
Where a verdict is rendered by a jury and there is an erasure and substitution of words, and the meaning of the verdict is perfectly clear, there is no reason why it should be rejected, nor does such erasure constitute a basis for investigation by the appellate courts. The.second question propounded by the Court of Appeals is answered in the negative.
The answer to the preceding questions renders unnecessary an answer to the third question.