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serves that upon an Arrest of Judgment, no Entry of Judgment is made for Either Party, except where the plaintiff desires a Judgment to be Entered for the defendant to serve as the basis of an Appeal, thus enabling him to have a Final Adjudication of the alleged Cause of Action. In the absence of such an Entry, the action stops at the Arrest of Judg- ment, with the rights of Neither Party prej- udiced, and with the plaintiff free to renew the litigation in some other form and at some other time when success is more apt to at- tend his efforts. By contrast, a Judgment Non Obstante Veredicto is as conclusive as is any other Judgment.59

And there is also a distinction between a Judgment Non Obstante Veredicto and a Re- pleader; the first being given when a Plea is Good in Form, but Bad in showing a De- fense without merit upon which Issue is Joined and found for the Party Pleading; while the latter is Awarded when the Defect lies rather in the Manner of Statement than the Matter Pleaded, upon which an Immate- rial Issue is Joined. A Judgment Non Ob- stante Veredicto is always upon the Merits of the Action; a Repleader is upon the Form and Manner of Pleading.60 If a Plea is De- fective, and the defendant succeeds at the Trial, the question is whether the Plea Con- fesses the Cause of Action. If it does, and the Matter Pleaded in Avoidance is insuffi- cient, the plaintiff will be entitled to Judg- ment Notwithstanding the Verdict. If not, there should be a Repleader.

See, also, English: Wilkes v. Broadbent, 1 Wils.K.B. 63, 95 Eng.Bep. 494 (1744); Alabama: Adams v. Munter, 74 Ala. 338 (1883); Pennsylvania: Buckley v. Duff, 111 Pa. 223, 3 A. 823 (1886); Inquirer Print- ing & Publishing Co. v. Rice, 106 Pa. 623 (1884).

309. When the Court, from the Whole Rec- ord, is unable to determine for whom the Judg- ment should be given, by reason of the Issue as developed by the Pleadings having been an Immaterial One, it may order the Parties to Plead De Novo.

WHEN the Parties to an Action have Joined Issue and the Jury has rendered a Verdict upon a point which in its nature is not calculated to determine the contro- versy on its merits, the Court, not having the proper material upon which to render a Final Judgment in Bar for One Party or the Other, will direct the Parties to Replead the case from the point where there was a De- parture from correct Allegation.61 Such a direction is only ordered after Verdict, for the obvious reason that until then the ques- tion for whom the Judgment should be ren- dered cannot well arise. Beginning with the first Defective Allegation, without regard to the side on which it appears, the New Plead- ing continues until each Faulty Pleading is replaced with a correct one, and there is a Joinder on a Material Issue, which will make it possible to determine the case on the merits.

The usual case for Awarding a Repleader occurs when the defendant, Not Confessing the Plaintiff’s Cause of Action, sets forth some Fact which is immaterial and hence not calculated to decide the controversy on the merits, whereupon the plaintiff inad- vertently traverses the Immaterial Allega- tion, upon which a Verdict is rendered. The Fact found by the Verdict, not being adapted to determine the litigation, and the Court, not able to render a Judgment on the merits, should order a Repleader for the purpose of producing a Material Issue. Thus, for example, where A brought Assumpsit against