| 词汇 | ABATEMENT3 |
| 释义 | `1`ABATEMENT3 `2` "Legal Lexicon": 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. The general rule is, that whatever proves the writ false at the time of suing it out, shall abate the writ entirely. 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 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. Great accuracy is also necessary in the form of the plea as to the commencement and conclusion, which is said to make the plea. Form Of Pleas In Abatement Of The Affidavit Of Truth. 1. All pleas in abatement must be sworn to be true. The affidavit may be made by the defendant or a third person and must be positive as to the truth of every fact contained in the plea, and should leave nothing to be collected by inference; it should be stated that the plea is true in substance and fact, and not merely that the plea is a true plea. --b-- There's probably related stuff in other Library areas, so explore. |
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