| 词汇 | ABATEMENT |
| 释义 | `1`ABATEMENT `2` "Legal Lexicon": ABATEMENT - A proportional reduction of the shares of beneficiaries under a will if the estate assets are not sufficient to pay the shares in full. When property bequeathed in a will cannot be given to the beneficiary because it was sold to pay off the deceased debts. Debts are paid before gifts made in wills are distributed and where a specific gift is sold to pay off a debt, it is said to 'abate'. When the estate is short of paying the debts and legacies, and there are general legacies and specific legacies, the rule is that the general legatees must abate proportionally in order to pay the debts; a specific legacy is not abated unless the general legacies cannot pay all the debts; in that case what remains to be paid must be paid by the specific legatees, who must, where there are several, abate their legacies, proportionally. Was also known as 'Abatement Of Legacies'. Chancery Practice. 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, but in the former, the right to proceed is merely suspended, and may be revived by a bill of revivor. Contracts. A reduction made by the creditor, for the prompt payment of a debt due by the payor or debtor. 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. Pleading. 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. Abatement is by plea. There can be no demurrer in abatement. 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. 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. 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. And if one of several plaintiffs be a fictitious person, it abates the writ. But a nominal plaintiff in ejectment may sustain an action. The Defendant may plead that the plaintiff is a feme covert; or that she is his own wife. 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. That the plaintiff (unless he sue with others as executor) is an infant and has declared by attorney. A suit brought by a lunatic under guardianship, shall abate. Death of plaintiff before the purchase of the original writ may be pleaded in abatement. Death of plaintiff pending the writ might have been pleaded since the last continuance. 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. Alienage, or that the plaintiff is an alien enemy. Misnomer of plaintiff may also be pleaded in abatement. Go to ABATEMENT2 |
| 随便看 |
|
英汉汉英法律词典收录144709条英汉法律翻译词条，基本涵盖了全部常用法律英语单词的释义及例句，是法律专业英语学习的有利工具。