Dilatory Pleas

Legal Definition and Related Resources of Dilatory Pleas

Meaning of Dilatory Pleas

A class of demurrer at common law , founded on some matter of fact not connected with the merits of the case, but such as might exist without impeaching the right of action itself. They were either pleas to the jurisdiction , questioning the jurisdiction of the court or pleas in suspension , showing some matter of temporary incapacity to proceed with the suit or pleas in abatement showing some matter for abatement or quashing the declaration . dilatory pleas do not answer the general right of the plaintiff , either by denial or in confession and avoidance but assert matter tending to defeat the particular action by resisting the plaintiffs present right of recovery . They are thus steps which, if taken, are preliminary to the substantial defense of the action and in no way affect the legal right of the plaintiff to recover, save by suspending it, if they prevail, so far as the present action is concerned. See Walden v Walden, 57 S.E. 323, 128 Ga. 126.

Related Entries of Dilatory Pleas in the Encyclopedia of Law Project

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Dilatory Pleas in Historical Law

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Legal Abbreviations and Acronyms

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