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Definitions of abatement

  1. an interruption in the intensity or amount of something Scrapingweb Dictionary DB
  2. the act of abating; "laws enforcing noise abatement" Scrapingweb Dictionary DB
  3. The act of abating, or the state of being abated; a lessening, diminution, or reduction; removal or putting an end to; as, the abatement of a nuisance is the suppression thereof. Webster Dictionary DB
  4. The amount abated; that which is taken away by way of reduction; deduction; decrease; a rebate or discount allowed. Webster Dictionary DB
  5. A mark of dishonor on an escutcheon. Webster Dictionary DB
  6. The entry of a stranger, without right, into a freehold after the death of the last possessor, before the heir or devisee. Webster Dictionary DB
  7. A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.
  8. 1. Doing away with. 2. A lessening or decrease, as in the intensity of the symptoms of a disease. A practical medical dictionary. By Stedman, Thomas Lathrop. Published 1920.
  9. The act of abating: the sum or quantity abated: (her.) a mark of dishonor on a coat-of-arms. The american dictionary of the english language. By Daniel Lyons. Published 1899.
  10. A decrease; a lessening; a deduction. The Clarendon dictionary. By William Hand Browne, Samuel Stehman Haldeman. Published 1894.
  11. The act of abating, or the amount abated. The Concise Standard Dictionary of the English Language. By James Champlin Fernald. Published 1919.
  12. The act of abating; sum deducted from an account. A mark of dishonour in a coat of arms. Overthrow or defeat, as of a writ. Nuttall's Standard dictionary of the English language. By Nuttall, P.Austin. Published 1914.
  13. A reduction; a lessening; the sum abated. Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
  14. 1. Commerce: a reduction in the amount of a bill due to factors such as demurrage, overtime penalty, or rent. 2. Environment: to reduce or eliminate polluting or hazardous substances. This is done by removing them or considering a new plan of more efficient waste management. 3. Legal: A court decision that is suspended, or simply closing the case before the final decision is reached. 4. Taxation: A rebate given under special circumstances such as in aftermath of natural disasters. thelawdictionary.org
  15. Chancery practice, is a suspension of all proceedings in a suit, from the want of proper parties capable of proceeding therein. It differs from an abatement at law in this, that in the latter the action is in general entirely dead, and cannot be revived, 3 Bl. Com. 168 but in the former, the right to proceed is merely suspended, and may be revived by a bill of revivor. Mitf. Eq. Pl. by Jeremy, 57; Story, Eq. PI. 354. 1215.org/lawnotes/bouvier/bouvier.htm
  16. Contracts, is a reduction made by the creditor, for the prompt payment of a debt due by the payor or debtor. Wesk. on Ins. 7. 1215.org/lawnotes/bouvier/bouvier.htm
  17. Merc. law. By this term is understood the deduction sometimes made at the custom-house from the duties chargeable upon goods when they are damaged See Act of Congress, March 2, 1799, s. 52, 1 Story L. U. S. 617. 1215.org/lawnotes/bouvier/bouvier.htm
  18. Pleading, is the overthrow of an action in consequence of some error committed in bringing or conducting it when the plaintiff is not forever barred from bringing another action. 1 Chit. Pl. 434. Abatement is by plea. There can be no demurrer in abatement. Willes' Rep. 479; Salk. 220. 1215.org/lawnotes/bouvier/bouvier.htm
  19. Pleas in abatement will be considered as relating, 1, to the jurisdiction of the court; 2, to the person of the plaintiff; 3, to that of the defendant; 4, to the writ; 5, to the qualities. of such pleas ; 6, to the form of such pleas; 7, to the affidavit of the truth of pleas in abatement. 1215.org/lawnotes/bouvier/bouvier.htm
  20. As to pleas relating to the jurisdiction of the court, see article Jurisdiction, and Arch. Civ. Pl. 290; 1 Chit. PI. Index. tit, Jurisdiction. There is only one case in which the jurisdiction of the court may be inquired of under the general issue, and that is where no court of the country has jurisdiction of the cause, for in that case no action can be maintained by the law of the land. 3 Mass. Rep. Rea v. Hayden, 1 Dougl. 450; 3 Johns. Rep. 113; 2 Penn. Law Journal 64, Meredith v. Pierie. 1215.org/lawnotes/bouvier/bouvier.htm
  21. Relating to the person of the plaintiff. 1. The defendant may plead to the person of the plaintiff that there never was any such person in rerum natura. Bro. Brief, 25 ; 19 Johns. 308 Com. Dig. Abatement, E 16. And if one of several plaintiffs be a fictitious person, it abates the writ. Com. Dig. Abatement, E 16; 1 Chit. Pl. 435; Arch. Civ. Pl. 304. But a nominal plaintiff in ejectment may sustain an action. 5 Verm. 93; 19 John. 308. As to the rule in Pennsylvania, see 5 Watts, 423. 1215.org/lawnotes/bouvier/bouvier.htm
  22. The defendant. may plead that the plaintiff is a feme covert. Co. Lit. 132, b.; or that she is his own wife. 1 Brown. Ent. 63; and see 3 T. R. 631; 6 T. R. 265; Com. Dig. Abatement, E 6; 1 Chit. Pl. 437; Arch. Civ. Pl. 302. Coverture occurring after suit brought is a plea in abatement which cannot be pleaded after a plea in bar, unless the matter arose after the plea in bar; but in that case the defendant must not suffer a continuance to intervene between the happening of this new matter, or its coming to his knowledge, and pleading it. 4 S & R. 238; Bac. Abr. Abatement, G; 4 Mass. 659; 4 S. & R. 238; 1 Bailey, 369; 4 Vern. 545; 2 Wheat. 111; 14 Mass. 295 ; 1 Blackf. 288 ; 2 Bailey, 349. See 10 S. & R. 208; 7 Verm. 508; 1 Yeates, 185; 2 Dall. 184; 3 Bibb, 246. 1215.org/lawnotes/bouvier/bouvier.htm
  23. That the plaintiff (unless he sue with others as executor) is an infant and has declared by attorney. 1 Chit. Pl. 436; Arch. Civ. Pi. 301; Arch. Pr. B. R. 142 ; 2 Saund. 212, a, n. 5; 1 Went. 58, 62; 7 John. R. 373; 3 N. H. Rep. 345; 8 Pick. 552; and see 7 Mass. 241; 4 Halst. 381 2 N. H. Rep. 487. 1215.org/lawnotes/bouvier/bouvier.htm
  24. A suit brought by a lunatic under guardianship, shall abate. Brayt. 18. 1215.org/lawnotes/bouvier/bouvier.htm
  25. Death of plaintiff before the purchase of the original writ, may be pleaded in abatement. 1 Arch. Civ. PI. 304, 5; Com. Dig. Abatement, E 17. Death of plaintiff pending the writ might have been pleaded since the last continuance, Com. Dig. Abatement, H 32; 4 Hen. & Munf. 410; 3 Mass. 296 ; Cam. & Nor. 72; 4 Hawks, 433; 2 Root, 57; 9 Mass. 422; 4 H. & M. 410; Gilmer, 145; 2 Rand. 454; 2 Greenl. 127. But in some states, as in Pennsylvania, the, death of the plaintiff does not abate the writ; in such case the executor or administrator is substituted. The rule of the common law is, that whenever the death of any party happens, pending the writ, and yet the plea is in the same condition, as if such party were living, then such death makes no alteration; and on this rule all the diversities turn. Gilb. Com. Pleas 242. 1215.org/lawnotes/bouvier/bouvier.htm
  26. Alienage, or that the plaintiff is an alien enemy. Bac. Abr. h.t.; 6 Binn. 241 ; 10 Johns. 183; 9 Mass. 363 ; Id. 377 ; 11 Mass. 119 ; 12 Mass. 8 ; 3 31. & S. 533; 2 John. Ch. R. 508; 15 East, 260; Com. Dig. Abatement, E 4; Id. Alien, C 5; 1 S. & R. 310; 1 Ch. PI. 435; Arch. Civ. PI. 3, 301. 1215.org/lawnotes/bouvier/bouvier.htm
  27. Misnomer of plaintiff may also be pleaded in abatement. Arch. Civ. Pi. 305; 1 Chitty's Pleading, Index, tit. Misnomer. Com. Dig. Abatement, E 19, E 20, E 21, E 22; l Mass. 75; Bac. Abr. h. t. 1215.org/lawnotes/bouvier/bouvier.htm
  28. If one of several joint tenants, sue in action ex contractu, Co. Lit. 180, b; Bac. Abr. Joint-tenants, K; 1 B. & P. 73; one of several joint contractors, Arch. Civ. PI. 48-51, 53 ; one of several partners, Gow on Part. 150; one of. several joint executors who have proved the will, or even if they have not proved the will, 1 Chit. PI. 12, 13; one of several joint administrators, Ibid. 13; the defendant may plead the non-joinder in abatement. Arch. Civ. Pl. 304; see Com. Dig. Abatement, E 9, E 12, E 13, E 14. 1215.org/lawnotes/bouvier/bouvier.htm
  29. If persons join as plaintiffs in an action who should not, the defendant may plead the misjoinder in abatement. Arch. Civ. PI. 304; Com. Dig. Abatement, E 15. 1215.org/lawnotes/bouvier/bouvier.htm
  30. When the plaintiff is an alleged corporation, and it is intended to contest its existence, the defendant must plead in abatement. Wright, 12; 3 Pick. 236; 1 Mass 485; 1 Pet. 450; 4 Pet. 501; 5 Pet. 231. To a suit brought in the name of the "judges of the county court," after such court has been abolished, the defendant may plead in abatement that there are no such judges. Judges, &c. v. Phillips; 2 Bay, 519. 1215.org/lawnotes/bouvier/bouvier.htm
  31. Relating to the person of the defendant. 1. In an action against two or more, one may plead in abatement that there never was such a person in rerum natura as A, who is named as defendant with him. Arch. Civ. PI. 312. 1215.org/lawnotes/bouvier/bouvier.htm
  32. If the defendant be a married woman, she may in general plead her coverture in abateraent, 8 T. R. 545 ; Com. Dig. Abatement, F 2. The exceptions to this rule arise when the coverture is suspended. Com. Dig. Abatement, F 2, 3; Co. Lit. 132, b; 2 Bl. R. 1197; Co. B. L. 43. 1215.org/lawnotes/bouvier/bouvier.htm
  33. The death of the defendant abates the writ at common law, and in some cases it does still abate the action, see Com. Dig. Abatement, H 34; 1 Hayw. 500; 2 Binn. l.; 1 Gilm. 145; 1 Const. Rep. 83; 4 McCord, 160; 7 Wheat. 530; 1 Watts, 229; 4 Mass. 480; 8 Greenl. 128; In general where the cause of action dies with the person, the suit abates by the death of the defendant before judgment. Vide Actio Personalis moritur cum persona. 1215.org/lawnotes/bouvier/bouvier.htm
  34. The misnomer of the defendant may be pleaded in abatement, but one defendant cannot plead the misnomer of another. Com. Dig. Abatement, F 18 ; Lutw. 36; 1 Chit. PI. 440; Arch. Civ. PI. 312. See form of a plea in abatement for a misnomer of the defendant in 3 Saund. 209, b., and see further, 1 Show. 394; Carth. 307 ; Comb. 188 ; 1 Lutw. 10 ; 5 T. R. 487. 1215.org/lawnotes/bouvier/bouvier.htm
  35. When one joint tenant, Com. Dig. Abatement, F 5, or one tenant in common, in cases, where they ought to be joined, Ibid. F 6, is sued alonehe may plead in abatement. And in actions upon contracts if the plaintiff do not sue all the contractors, the defendant may plead the non-joinder in abatement. Ibid. F 8, a; 1 Wash. 9; 18 Johns. 459; 2 Johns. Cas. 382 ; 3 Caines's Rep. 99 ; Arch.. Civ. PI. 309; 1 Chit. PI. 441. When hushand and wife should be sued jointly, and one is sued alone, the non-joinder may be pleaded in abatement. Arch. Civ. PI. 309. The non-joinder of all the executors, who have proved the will; and the non-joinder of all the administrators of the deceased, may be pleaded in abatement. Com. Dig. Abatement, F 10. 1215.org/lawnotes/bouvier/bouvier.htm
  36. In a real action if brought against several persons, they may plead several tenancy, that is, that they hold in severalty and not jointly, Com. Dig. Abatement, F 12; or one of them may take the entire tenancy on himself, and pray judgment of the writ. Id. F 13. But mis-joinder of defendant in a personal action is not the subject of a plea in abatement. Arch. Civ. PI. 68, 310. 1215.org/lawnotes/bouvier/bouvier.htm
  37. In cases where the defendant may plead non-tenure, see Arch. Civ. PI. 310; Cro. El. 559. 1215.org/lawnotes/bouvier/bouvier.htm
  38. Where he may plead a disclaimer, see Arch. Civ. PI. 311; Com. Dig. Abatement, F 15. 1215.org/lawnotes/bouvier/bouvier.htm
  39. A defendant may plead his privilege of not being sued, in abatement. Bac. Ab. Abridgment C ; see this Dict. tit. Privilege. 1215.org/lawnotes/bouvier/bouvier.htm
  40. Plea in, abatement of the writ. 1. Pleas in abatement of the writ or a bill are so termed rather from their effect, than from their being strictly such pleas, for as oyer of the writ can no longer be craved, no objection can be taken to matter which is merely contained in the writ, 3 B. & P. 399; 1 B. & P. 645-648; but if a mistake in the writ be carried into the declaration, or rather if the declaration, which is resumed to correspond with the writ or till, be incorrect in respect of some extrinsic matter, it is then open to the defendant to plead in abatement to the writ or bill, 1 B. & P. 648; 10 Mod. 210; and there is no plea to the declaration alone but in bar; 10 Mod. 210 ; 2 Saund. 209, d. 1215.org/lawnotes/bouvier/bouvier.htm
  41. Pleas in abatement. of the writ or bill and to the form or to the action. Com. Dig. Abatement, H.1, 17. 1215.org/lawnotes/bouvier/bouvier.htm
  42. Those of the first description were formerly either matter apparent on the face of the ;Writ, Com. Dig. Abatement, H l, or matters dehors. Id. H 17. 1215.org/lawnotes/bouvier/bouvier.htm
  43. Formerly very trifling errors were pleadable in abatement, 1 Lutw. 25; Lilly's Ent. 6 ; 2 Rich. C. P. 5, 8 ; 1 Stra. 556; Ld. Raym. 1541 ; 2 Inst. 668; 2 B. & P. 395.. But as oyer of the writ can no longer be had, an omission in the defendant's declaration of the defendant's addition, which is not necessary to be stated in a declaration, can in no case be pleaded in abatement. 1 Saund. 318, n. 3; 3 B. & B. 395; 7 East, 882. 1215.org/lawnotes/bouvier/bouvier.htm
  44. Pleas in abatement to the form of the writ, are therefore now principally for matters dehors, Com. Dig. Abatement,H 17; Glib. C. P., 51 , existing at the time of suing out the writ, or arising afterwards, such as misnomer of the plaintiff or defendant in Christian or surname. 1215.org/lawnotes/bouvier/bouvier.htm
  45. Pleas in abatement to the action of the writ, and that the action is misconceived, as that it is in case where it ought to have, been in trespass, Com. Dig. Abatement, G 5 ; or that it was prematurely brought, Ibid. Abatement, G 6, and tit. Action E ; but as these matters are grounds of demurrer or nonsuit, it is now very unusual to plead them in abatement. It may also be pleaded that there ii another action pending. See tit. Autre action pendant. Com. Dig. Abatement, H. 24; Bac. Ab. Abatement, M; 1 Chitty's Pi. 443. 1215.org/lawnotes/bouvier/bouvier.htm
  46. Qualities of pleas in abatement. 1. A writ is divisible, and may be abated in part, and remain good for the residue; and the defendant may plead in abatement to part, and demur or plead in bar to the residue of the declaration. 1 Chit. PI. 444; 2 Saund. 210, n. The general rule is, that whatever proves the writ false at the time of suing it out, shall abate the writ entirely Gilb. C. P. 247 1 Saund. Rep. 286, (n) 7; 2 do. 72, (i) sub fin. 1215.org/lawnotes/bouvier/bouvier.htm
  47. As these pleas delay the trial of the merits of the action, the greatest accuracy and precision are required in framing them; they should be certain to every intent, and be pleaded without any repugnancy. 3 T. R. 186; Willes, 42 ; 2 Bl. R. 1096 2 Saund. 298, b, n. 1 ; Com. Dig. 1, 11 Co. Lit. 392; Cro. Jac. 82; and must in general give the plaintiff a better writ. This is the true criterion to distinguish a plea in abatement from a plea in bar. 8 T. IR. 615; Bromal. 139; 1 Saund. 274, n. 4 ; 284 n. 4; 2 B. & P. 125 ; 4 T. R. 227 ; 6 East) 600 ; Com. Dig. Abatement, J 1, 2; 1 Day, 28; 3 Mass. 24; 2 Mass. 362; 1 Hayw. 501; 2 Ld. Raym. 1178; 1 East, 634. Great accuracy is also necessary in the form of the plea as to the commencement and conclusion, which is said to make the plea. Latch. 178 ; 2 Saund. 209, c. d; 3 T. R. 186. 1215.org/lawnotes/bouvier/bouvier.htm
  48. ABATEMENT, (derived through the French abattre, from the Late Latin battere, to beat), a beating down or diminishing or doing away with; a term used especially in various legal phrases.Abatement of a nuisance is the remedy allowed by law to a person or public authority injured by a public nuisance of destroying or removing it, provided no breach of the peace is committed in doing so. In the case of private nuisances abatement is also allowed provided there be no breach of the peace, and no damage be occasioned beyond what the removal of the nuisance requires. (See Nuisance.)Abatement of freehold takes place where, after the death of the person last seised, a stranger enters upon lands before the entry of the heir or devisee, and keeps the latter out of possession. It differs from intrusion, which is a similar entry by a stranger on the death of a tenant for life, to the prejudice of the reversioner, or remainder man; and from disseisin, which is the forcible or fraudulent expulsion of a person seised of the freehold. (See Freehold.)Abatement of debts and legacies. When the equitable assets (see Assets) of a deceased person are not sufficient to satisfy fully all the creditors, their debts must abate proportionately, and they must accept a dividend. Also, in the case of legacies when the funds or assets out of which they are payable are not sufficient to pay them in full, the legacies abate in proportion, unless there is a priority given specially to any particular legacy (see Legacy). Annuities are also subject to the same rule as general legacies.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 incompetency of the parties suing, pleaded by the 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 a common practice in answer 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. Its effect for this purpose was nullified by the Criminal Law Act 1826, which required the court to amend according to the truth, and the Criminal Procedure 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.Abatement in litigation. In civil proceedings, no action abates by reason of the marriage, death or bankruptcy of any of the parties, if the cause of action survives or continues, and does not become defective by the assignment, creation or devolution of any estate or title pendente lite (R.S.C. Order 17, r. 1). Criminal proceedings do not abate on the death of the prosecutor, being in theory instituted by the crown, but the crown itself may bring about their termination without any decision on the merits and without the assent of the prosecutor.Abatement of false lights. By the Merchant Shipping Act 1854, the general lighthouse authority (see Lighthouse) has power to order the extinguishment or screening of any light which may be mistaken for a light proceeding from a lighthouse.Abatement in commerce is a deduction sometimes made at a custom-house from the fixed duties on certain kinds of goods, on account of damage or loss sustained in warehouses. The rate and conditions of such deductions are regulated, in England, by the Customs Consolidation Act 1853. (See also Drawback; Rebate.)Abatement in heraldry is a badge in coat-armour, indicating some kind of degradation or dishonour. It is called also rebatement. en.wikisource.org
  49. Form of pleas in abatement .1 As to the form of pleas in abatement, see 1 Chit. PI. 447; Com. Dig. Abatement, 1 19; 2 Saund. 1, n. 2. 1215.org/lawnotes/bouvier/bouvier.htm
  50. Of the affidavit of truth. 1. All pleas in abatement must be sworn to be true, 4 Ann. c. 16, s. 11. The affidavit may be made by the defendant or a third person, Barnes, 344, and must be positive as to the truth of every fact contained in the plea, and should leave nothing to be collected by inference; Sayer's Rep. 293; it should be stated that the plea is true in substance and fact, and not merely that the plea is a true plea. 3 Str. 705, Litt. Ent. 1; 2 Chitt. Pl. 412, 417; 1 Browne's Rep. 77 ; see. 2 Dall. 184; 1 Yeates, 185. 1215.org/lawnotes/bouvier/bouvier.htm
  51. See further on the subject of abatement of actions, Vin. Ab. tit. Abatement; Bac. Abr. tit. Abatement; Nelson's Abr. tit. Abatement; American Dig. tit. Abatement; Story's Pl. 1 to 70; 1 Chit. Pl. 425 to 458; Whart. Dig. tit. Pleading, F. (b.) Penna. Pract. Index, h. t.; Tidd's Pr. Index, h. t.; Arch. Civ. Pl. Index, h. t.; Arch. Pract. Index, h. t. Death; Parties to actions; Plaintiff; Puis darrein continuance. 1215.org/lawnotes/bouvier/bouvier.htm
  52. Decrease in severity of a pain or symptom. American pocket medical dictionary.
  53. n. Act of abating, or state of being abated; decrease; specifically, a remitting, as of a tax; failure, as of a writ; removal , as of a nuisance; entry of a stranger into a freehold after the death of the last possessor, before the heir or devisee. Cabinet Dictionary
  54. The act of abating; the sum or quantity taken away by the act of abating. Complete Dictionary
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