Common Law Procedure Amendment Act (Ireland) 1853

Upon Motion in arrest of Judgment or for Judgment non obstante veredicto, Suggestion of Facts.

CLXIII. No Judgment shall be arrested, nor shall Judgment be given non obstante veredicto, by reason of the Non-averment of any alleged material Fact or other Cause, unless the Party insisting on the Objection shall satisfy the Court that there has been an Omission of some substantial Matter of Fact whereby the said Party may have been prejudiced in the Merits of his Case, and in such Case 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 Time as the Court or a Judge may allow; and the proceeding to Trial of any Issue joined on such Suggestion shall be the same as in an ordinary Action.