Questions and Answers on Law, Vol. 1 of 8: Alphabetically Arranged, With References to the Most Approved Authorities (Classic Reprint) - Softcover

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Excerpt from Questions and Answers on Law, Vol. 1 of 8: Alphabetically Arranged, With References to the Most Approved Authorities

Abatement in its present and most general signification, relates to writs or plaints, and means, the quashing or destroying the plaintiff's writ or plaint. A plea in abatement, is a plea put in by the defendant, in which he shows cause to the court why he should not be impleaded or sued, or if impleaded, not in the manner and form he then is, therefore praying that the writ or plaint may abate that is, that the suit of the plaintiff may for that time cease.-1 Inst., 134, b. 277. F. N. B., 115. Gilb. H. C. D., 186. Terms de Ley, 1 Chitty on Pleading, 434. Or thus, abatement is a term having several meanings.

The most general is its application to a plea which goes to show that the plaintiff cannot recover in the form of action, its appropriate use is'

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