DILATORY

Tending or intended to cause delay or to gain time or to put otr a decision. -Dilatory defense. In chancery practice, One the object of which is to dismi , suspend, or obstruct the suit, without touching the mer• its, until the impediment or obstacle insisted on shall be removed. S BI. Comm. 301, 802.--D:11• atory pleas. A cla of derenses at common law, founded on ·some matter of fact not con· nected with the·merits of the case, but such as might exist without impeaching the right of action itself. They were either pleas to the ju,- risdicti<m, showing that, by reason of some mat• ter therein stated, the case was not within the jurisdiction of the court; or· pleas in su.spenrion, showing some matter of temporary incapacity to proceed with the suit; or pleas in abatement, showing some matter for abatement or quashing the declaration. 3 Steph. Comm. 576. Parks v. McClellan, 44.N. J. Law, 558: Mahoney v. Loan A 'n (0. C.) 70 Fed. 515. [s. 374]