Abatement

7 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Abatement \A*bate"ment\ (-ment), n. [OF. abatement, F.
     abattement.]
     1. 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.


        [1913 Webster]
  
     2. The amount abated; that which is taken away by way of
        reduction; deduction; decrease; a rebate or discount
        allowed.
        [1913 Webster]
  
     3. (Her.) A mark of dishonor on an escutcheon.
        [1913 Webster]
  
     4. (Law) The entry of a stranger, without right, into a
        freehold after the death of the last possessor, before the
        heir or devisee. --Blackstone.
        [1913 Webster]
  
     {Defense in abatement}, {Plea in abatement}, (Law), plea to
        the effect that from some formal defect (e.g. misnomer,
        lack of jurisdiction) the proceedings should be abated.
        [1913 Webster]

From WordNet (r) 2.0 [wn]:

  abatement
       n 1: an interruption in the intensity or amount of something
            [syn: {suspension}, {respite}, {reprieve}, {hiatus}]
       2: the act of abating; "laws enforcing noise abatement"

From Moby Thesaurus II by Grady Ward, 1.0 [moby-thes]:

  113 Moby Thesaurus words for "abatement":
     abridgment, agio, allayment, alleviation, allowance, analgesia,
     anesthesia, anesthetizing, appeasement, assuagement, attenuation,
     attrition, bank discount, blunting, breakage, calming,
     cash discount, chain discount, charge-off, concession, contraction,
     cut, dampening, damping, deadening, debilitation, decrease,
     decrement, decrescence, deduction, deflation, demulsion,
     depreciation, depression, devitalization, dilution, diminishment,
     diminution, discount, drawback, dulcification, dulling, dying,
     dying off, ease, easement, easing, effemination, enervation,
     enfeeblement, evisceration, exhaustion, extenuation, fade-out,
     falling-off, fatigue, hushing, inanition, kickback, languishment,
     leniency, lessening, letdown, letup, lightening, loosening,
     lowering, lulling, miniaturization, mitigation, modulation,
     mollification, numbing, pacification, palliation, penalty,
     penalty clause, percentage, premium, price reduction, price-cut,
     quietening, quieting, rebate, rebatement, reduction, refund,
     relaxation, relief, remedy, remission, rollback, sagging, salvage,
     salving, scaling down, setoff, simplicity, slackening, softening,
     soothing, subduement, subtraction, tare, tempering, thinning,
     time discount, trade discount, tranquilization, tret, underselling,
     weakening, write-off
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  ABATEMENT, 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.
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  ABATEMENT, 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.
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  ABATEMENT, 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.
       2. 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.
       3.-1. As to pleas relating to the jurisdiction of the court, see
  article Jurisdiction, and Arch. Civ. Pl. 290; 1 Chit. Pl. 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.
       4.-2. 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.
       5.-(2.) 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.
       6.-(3.) 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.
       7.-(4.) A suit brought by a lunatic under guardianship, shall abate.
  Brayt. 18.
       8.-(5.) Death of plaintiff before the purchase of the original writ,
  may be pleaded in abatement. 1 Arch. Civ. Pl. 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.
       9.-(6.) 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. Pl. 435; Arch. Civ. Pl.
  3, 301.
      10.-(7.) 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.
      11.-(8.) 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. Pl. 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. Pl. 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.
      12.-(9.) If persons join as plaintiffs in an action who should not,
  the defendant may plead the misjoinder in abatement. Arch. Civ. Pl. 304;
  Com. Dig. Abatement, E 15.
      13.-(10.) 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.
      14.-3. 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.
  Pl. 312.
      15.-(2.) If the defendant be a married woman, she may in general plead
  her coverture in abatement, 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, Sec. 3; Co. Lit. 132, b; 2 Bl. R. 1197; Co. B. L. 43.
      16.-(3.) 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.
      17.-(4.) 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. Pl. 440; Arch. Civ. Pl. 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.
      18.-(5.) 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 alone - he 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. Pl. 309; 1 Chit. Pl. 441.  When
  husband and wife should be sued jointly, and one is sued alone, the non-
  joinder may be pleaded in abatement. Arch. Civ. Pl. 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.
      19.-(6.) 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. Pl. 68, 310.
      20.-(7.) In cases where the defendant may plead non-tenure, see Arch.
  Civ. Pl. 310; Cro. El. 559.
      21.-(8.) Where he may plead a disclaimer, see Arch. Civ. Pl. 311; Com.
  Dig. Abatement, F 15.
      22.-(9.) A defendant may plead his privilege of not being sued, in
  abatement. Bac. Ab. Abridgment C ; see this Dict. tit. Privilege.
      23.-4. 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.
      24.-(2.) Pleas in abatement of the writ or bill and to the form or to
  the action. Com. Dig. Abatement, H. 1, 17.
      25.-(3.) 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.
      26.-(4.) 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.
      27.-(5.) 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.
      28.-(6.) 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 is another action pending. See tit. Autre
  action pendant. Com. Dig. Abatement, H. 24; Bac. Ab. Abatement, M; 1
  Chitty's Pi. 443.
      29.-6. 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. Pl. 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.
      30.-(2.) 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.
      31.-6. Form of pleas in abatement. (1.) As to the form of pleas in
  abatement, see 1 Chit. Pl. 447; Com. Dig. Abatement, 1 19; 2 Saund. 1, n. 2.
      32.-7. 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.
      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.
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  ABATEMENT, 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. Pl. Sec. 354.