ABATEMENT IN PLEADING

This article appears in Volume V01, Page 7 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: A10-ADA

ABATEMENT IN PLEADING , or plea in abatement, was the defeating or quashing of a particular action by some matter of fact, such as a defect in form or the

personal

PERSONAL

incompetency of the parties suing, pleaded by the

defendant

DEFENDANT

. It did not involve the merits of the cause, but left the right of action subsisting. In criminal proceedings a plea in abatement was at one

time

TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the
root
- ROOT (late O.E. rot, adopted from Scand., cf. Norw. and Swed. rot, Dan. rod; the true O.E. word was wyrt, plant, represented in Ger. Wurz or Wurzel; the ultimate root is the same in both words, and is seen in Lat. radix)
- ROOT, ELIHU (1845– )
also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
TIME, MEASUREMENT OF
TIME, STANDARD

a common practice in

answer

ANSWER (derived from and, against, and the same
root
- ROOT (late O.E. rot, adopted from Scand., cf. Norw. and Swed. rot, Dan. rod; the true O.E. word was wyrt, plant, represented in Ger. Wurz or Wurzel; the ultimate root is the same in both words, and is seen in Lat. radix)
- ROOT, ELIHU (1845– )
as swear)

to an indictment, and was set up for the purpose of defeating the indictment as framed, by alleging misnomer or other misdescription of the

defendant

DEFENDANT

. Its effect for this purpose was nullified by the Criminal Law Act 1826, which required the

court

COURT
COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the
influence
- INFLUENCE (Late Lat. influentia, from influere, to flow in)
of the Lat. curia, the word used in
medieval
- MEDIEVAL
documents to translate " court " in the feudal sense)
COURT, ANTOINE (1696-176o)

to amend according to the truth, and the Criminal

Procedure

PROCEDURE (Fr. procedure, from Lat. procedere, to go for-ward)

Act 1851, which rendered description of the defendant Unnecessary. All pleas in abatement are now abolished (R.S.C. Order 21, r. 20). See PLEADING.

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