Abatement, h 32; 4 Hen. 72; 4 Hawks, 433; 2 root, 57; 9 Mass. 410; Gilmer, 145; 2 Rand. 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. Alienage, or that the plaintiff is an alien enemy.
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288 ; 2 bailey, 349. 508; 1 yeates, 185; 2 Dall. 184; 3 Bibb, 246. That the plaintiff (unless he sue with others as executor) is an hotel infant and has declared by real attorney. 142 ; 2 saund. 58, 62; 7 John. 552; and see 7 Mass. 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, com.
As to the rule in Pennsylvania, see 5 Watts, 423. May plead that the plaintiff is a feme covert. 132,.; or that she is his own wife. 63; and see. Abatement, e 6; 1 Chit. Coverture occurring after golf 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. Abatement, G; 4 Mass. 238; 1 bailey, 369; 4 Vern. 295 ; 1 Blackf.
Law journal 64, meredith. Relating to the person of lined the plaintiff. The defendant may plead to the person of the plaintiff that there never was any such person in rerum natura. Brief, 25 ; 19 Johns. And if one of several plaintiffs be a fictitious person, it abates the writ. Abatement, e 16; 1 Chit. But best a nominal plaintiff in ejectment may sustain an action.
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. 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. As to pleas relating to the jurisdiction of the court, see article jurisdiction, and Arch. 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.
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By the roman law, when the master was sued for the tort of his resume slave, or the owner for a trespass committed by his animal, he might abandon them to the person injured, and thereby save himself from further responsibility. similar provisions have been adopted in louisiana. It is enacted by the civil code that the master shall be answerable for all the damages occasioned by an offence or quasi offence committed by his slave. He may, however, discharge himself from such responsibility by abandoning the slave to the person injured; in which case such person shall sell such slave at public auction in the usual form; to obtain payment of the damages and costs; and the balance, if any. The owner of an animal is answerable for the damages he has caused; but if the animal had write been lost, or had strayed more than a day, he may discharge himself from this responsibility, by abandoning him to the person who has sustained the injury. The act of a hushand or wife, who leaves his or her consort wilfully, and with an intention of causing perpetual separation. such abandonment, when it has continued the length of time required by the local statutes, is sufficient cause for a divorce.
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,. 168 but in the former, the right to proceed is merely suspended, and may be revived by a bill of revivor. By jeremy, 57; Story,. Abatement, contracts, is a reduction made by the creditor, for the prompt payment of a debt due by the payor or debtor. 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,. 52, 1 Story.
In the following cases an abandonment may be made: when there is a total loss; when the voyage is lost or not worth pursuing, by reason of a peril insured against or if the cargo be so damaged as to be of little. The abandonment, when legally made transfers from the insured to the insurer the property in the thing insured, and obliges him to pay to the insured what he promised him by the contract of insurance. In maritime contracts in the civil law, principals are generally held indefinitely responsible for the obligations which their agents have contracted relative to the concern of their commission but with regard to ship owners there is remarkable peculiarity; they are bound by the contract. 2; Code de com. The relinquishment of a right; the giving up of something to which we are entitled. legal rights, when once vested, must be divested according to law, but equitable rights may be abandoned.
429; a mill site, once occupied, may be abandoned. 297; an application for land, which is an inception of title,. 378; 1 yeates, 193, 289; 2 yeates, 81, 88, 318; an improvement, 1 yeates, 515 ; 2 yeates, 476; 5 Binn. 319; Jones' syllabus of Land Office titles in Pennsylvania, chap. Xx; and a trust fund, 3 Yerg. 258 may be abandoned. The abandonment must be made by the owner without being pressed by any duty, necessity or utility to himself, but simply because he wishes no longer to possess the thing; and further it must be made without any desire that any other person shall acquire. Abandonment for torts, a term used in the civil law.
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It is applied to bequests or gifts, which a man makes adverse to the gender interest of his heir, in consequence of anger or hatred against him. Thus a devise made under these circumstances is called a testament ab irato. And the suit which the heirs institute to annul this will is called an action ab irato. In the French law, the act by which a debtor surrenders his property for the benefit of his creditors. In insurances the act by which the insured relinquishes to the assurer all the property to the thing insured. no particular form is required for an abandonment, nor need it be writings in writing; but it must be explicit and absolute, and must set forth the reasons upon which it is founded. It must also be made in reasonable time after the loss. It is not in every case of loss that the insured can abandon.
See also as to other cases, 2 Stra. 13 11 East, 395 2 Camp. But in case of an authority in fact, to enter, about an abuse of such authority will not, in general, subject the party to an action of trespass, lane, 90 ; bae. Trespass, b ;. See generally 1 Chit. An heir, ab intestat, is one on whom the law casts the inheritance or estate of a person who dies intestate. Ab irato, civil law. A latin phrase, which signifies by a man in anger.
person who was then living; impotence, (q. and the like adultery cruelty and malicious desertion for two years or more. In New York a sentence of imprisonment for life is also a ground for a divorce a vinculo. When the marriage is dissolved a vinculo, the parties may marry again but when the cause is adultery, the guilty party cannot marry his or her paramour. Ab initio, from the beginning. When a man enters upon lands or into the house of another by authority of law, and afterwards abuses that authority, he becomes a trespasser ab initio. Trespass,.; 8 coke, 146. And if an officer neglect to remove goods attached within a reasonable time and continue in possession, his entry becomes a trespass ab initio.
A prendre, french, to take, to seize, in contracts, as profits a prendre. 184; or a right presentation to take something out of the soil. 172 it differs from a right of way, which is simply an easement or interest which confers no interest in the land. A quo, a latin phrases which signifies from which; example, in the computation of time, the day a quo is not to be counted, but the day ad quem is always included. 52 ; 2 duv. A court a quo, the court from which an appeal has been taken; a judge a quo is a judge of a court below. A rendre, french, to render, to yield, contracts. Profits a rendre; under this term are comprehended rents and services.
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Bouvier's Law Dictionary 1856 Edition, a a, the first letter of the English and most other alphabets, is frequently used as an abbreviation, (q. V.) and also in the marks of schedules or papers, as schedule a, b, c,. Among the romans this letter was used in criminal trials. The judges were furnished with small london tables covered with wax, and each one inscribed on it the initial letter of his vote; a, when he voted to absolve the party on trial; c, when he was for condemnation; and n l, (non liquet) when the. A mensa et thoro, from bed and board. A divorce a mensa et thoro, is rather a separation of the parties by act of law, than a dissolution of the marriage. It may be granted for the causes of extreme cruelty or desertion of the wife by the hushand. This kind of divorce does not affect the legitimacy of children, nor authorize a second marriage. A vinculo matrimonii; Cruelty divorce.