abatement of action

abatement of action
The entire overthrow or destruction of an action, resulting from the fact that the defendant pleads a matter which defeats the action either for the time being or permanently. 1 Am J2d Abat & R § 1. A suit at law, when it abates as at common law, is absolutely dead; any further enforcement of the cause of action necessitates the bringing of a new suit. But in courts of equity and also in some law courts proceeding under modern practice statutes or rules, an abatement signifies only a present sus-pension of all proceedings in the suit because of the want of proper parties capable of proceeding therein; the suit can be revived or put in motion by a bill of revivor and proceed to its regular determination. 1 Am J2d Abat & R § 1. “Abatement" and "stay of proceedings" are in some respects similar, but are not identical; to abate a suit is to put an end to it, at least for the time. Simmons v Superior Court, 96 Cal App 2d 119, 214 P2d 844, 19 ALR2d 288. See plea in abatement.

Ballentine's law dictionary. . 1998.

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  • abatement of action — Abatement is an entire overthrow or destruction of the suit so that it is quashed and ended. Carver v. State, 217 Tenn. 482, 398 S.W.2d 719. See dismissal vacate. Pleas in abatement (plea in abatement) have been abolished by Fed.R. Civil P. 7(c); …   Black's law dictionary

  • abatement of action — Abatement is an entire overthrow or destruction of the suit so that it is quashed and ended. Carver v. State, 217 Tenn. 482, 398 S.W.2d 719. See dismissal vacate. Pleas in abatement (plea in abatement) have been abolished by Fed.R. Civil P. 7(c); …   Black's law dictionary

  • abatement — A reduction, a decrease, or a diminution. The suspension or cessation, in whole or in part, of a continuing charge, such as rent. Legacies. A proportional diminution or reduction of the pecuniary legacies, when the funds or assets out of which… …   Black's law dictionary

  • abatement — A reduction, a decrease, or a diminution. The suspension or cessation, in whole or in part, of a continuing charge, such as rent. Legacies. A proportional diminution or reduction of the pecuniary legacies, when the funds or assets out of which… …   Black's law dictionary

  • abatement — abate·ment /ə bāt mənt/ n 1: the act or process of abating or the state of being abated challenged the abatement of her bequest abatement of a private nuisance by self help W. L. Prosser and W. P. Keeton 2: an amount abated …   Law dictionary

  • Abatement in pleading — Abatement in pleading, or plea in abatement was in English law, a plea by the defendant, defeating or quashing a legal action by some matter of fact, such as a defect in form or the personal incompetency of the parties suing. In the modern… …   Wikipedia

  • abatement of an action — An entire overthrow or destruction of a suit so that it is quashed and ended. Dictionary from West s Encyclopedia of American Law. 2005. abatement of an action An entire overthrow or destruction …   Law dictionary

  • action — ac·tion n [Latin actio legal proceeding, from agere to do, carry out, initiate legal proceedings] 1 a: a judicial proceeding for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense …   Law dictionary

  • abatement — /euh bayt meuhnt/, n. 1. the act or state of abating or the state of being abated; reduction; decrease; alleviation; mitigation. 2. suppression or termination: abatement of a nuisance; noise abatement. 3. an amount deducted or subtracted, as from …   Universalium

  • abatement of cause of action — The extinguishment of a cause of action upon the death of a party, where the cause is not one which survives. 1 Am J2d Abat & R § 1 …   Ballentine's law dictionary

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