abatement of cause of action

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. . 1998.

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  • 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

  • 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 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 …   Ballentine's 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

  • identity of causes of action — The same cause of action in two cases, an essential element of res judicata. 30A Am J Rev ed Judgm § 363. Two actions asserting the same rights, demanding the same relief, and founded on the same facts. Anno: 31 ALR2d 446 § 3. Not necessarily a… …   Ballentine's law dictionary

  • plea in abatement — a plea that postpones or defeats a cause of action not on the merits of the controversy but for some defect in or matter of form or procedure …   Useful english dictionary

  • City of Oakland Energy and Climate Action Plan — The City of Oakland Energy and Climate Action Plan (ECAP) in Oakland, California was developed to tackle the major topics of climate change and energy consumption as an environmental policy. The purpose of the ECAP is to identify and prioritize… …   Wikipedia

  • plea of another action pending — A form of plea in abatement interposing the objection that a former action between the same parties for the same cause is still pending. 1 Am J2d Abat & R § 38 …   Ballentine's law dictionary

  • plea — In common law pleading (now obsolete with adoption of Rules of Civil Procedure) a pleading; any one in the series of pleadings. More particularly, the first pleading on the part of the defendant. In the strictest sense, the answer which the… …   Black's law dictionary

  • Oneida Cnty. v. Oneida Indian Nation of N.Y. State — Supreme Court of the United States Argued Oct. 1, 1984 …   Wikipedia

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