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.

Look at other dictionaries:

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