ABATEMENT

In pleading. The effect produced upon an action at law, when the defendant pleads matter of fact showing the writ or declaration to be defective and incorrect. This defeats the action for the time being, but the pla]ntifl' may proceed with 1t after the defect is removed, or may recommence it in a better way. In IDngland, in equity pleading, declinatory pleas to the jurisdiction and dilatory, to the persons were (prior to the judicature act) sometimes, by analogy to common law, termed "pleas.in abatement." · In chancery practice. The determination, ce ation, or suspension of all proceedings in a suit, from the want of proper parties capable of proceeding therein, as upon the death of one of the parties pending the suit. See 2 Tidd, Pr. 932; Story, Eq. Pl. I 354; Witt v. Ellis, 2 Cold. (Tenn.) 38. In m.ercantile law, A drawback or rebate allowed in certain cases on the duties due on imported goods, in consideration of [s. 11]