ABATE

See ABATEMENT. ABATEMENT (Fr. abattre, L. Fr. aba ter), to throw down, to beat down, destroy, quash. 3 Shars. Bla. Com. 168; 6 Conn. 140. In Chancery Practice. 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 entirely dead and cannot be revived; but in the former the right to proceed is merely suspended, and may be revived by a sup- piemental bill in the nature of a bill of revivor; 8 Bla. Com. 801; 21 Ν. Η. 246; Sto. Eq. Pl. $ 20 n. 354: Ad. Eq. 408; Mitf. Eq. Pl., by Jeremy 57; Edw Receiv. 19; 5 Lea 244; where interest is trans- mitted by act of law, as to personal representative or heir a simple bill of revivor may be used; Story, Eq. PL. $ 364; 2 J. J. Mar. 308; 4 Pick. 189; but where by virtue of act of party, as to devisee, an original bill in the nature of a bill of revivor must be used: 3 Bibb 377; 3 Mas. 308. Generally speaking, if any property or right in litigation is transmitted to another, he is entitled to continue the suit. or at least have the benefit of it, if he be plaintiff; Edw. Receiv. 19; 9 Paige, Ch. 410; or it may be continued against him, or at least perfected, if he be defendant; Story, Eq.

[from Fr. abater, abatre, to beat, or throw down; L. Lat. abatare.] To beat, break, pull or throw down; to overthrow, demolish, or destroy a material object, as a house, castle, sheep-fold, &c. See Abater. This original meaning of the word is still preserved in modern law, in its application to nuisances. To abate a nuisance is to remove it, by pulling, cutting, or breaking it down, or otherwise destroying it. 3 Bl. Com. 168. To overthrow, destroy or defeat a right, or a judicial proceeding. To abate a freehold, is to overthrow it by the intervention of a stranger. 3 Bl. Com. 168. See Abatement of freehold. To abate a writ or action, is to defeat, overthrow, prostrate, (prosternere,) quash, (cassare,) or put an end to it by some fatal exception. 3 Bl. Com. ub. sup. Co. Litt. 134 b. Steph. Plead. 47. See Abatement in pleading. To be reduced, or diminished, (lowered or brought down ;) as the claim of a legatee, or creditor. 2 Fonbl. Equity, 369. See Abatement among legatees. To cease, terminate, or come to an end prematurely, as a suit, or other judicial proceeding; (to drop or fall; L. Lat. cadere.) 2 Archb. Pract. 299. 6 Wheaton's R. 260. See Abatement in practice, Cadere.

2. Relation or Duty. The relation of husband and wife, of parent and child, or of master and servant. (1) The act of a husband in voluntarily leaving his wife with an intention to forsake her entirely, - never to return to her, and never to resume his marital duties toward her or to claim his marital rights.1 Such neglect as either leaves the wife destitute of the common necessaries of life, or would leave her destitute but for the charity of others.2 Exists when a man fails to supply his wife with such necessaries and comforts of life as are within his reach, and by cruelty compels her to quit him and seek shelter and protection elsewhere. See further CAUSE, 1 (2), Reasonable; DESERTION, 1; DIVORCE. (2) The act of a parent in exposing an infant of tender years (usually under seven) in any place, with intent wholly to desert it.4 See DISPOSE, 2. (3) For an apprentice, a sailor, or a soldier, to quit his service, intending not to return to it. See DESERTION, 2, 3. 3. Of Legal Proceedings. Voluntary, when of the plaintiff's own accord; involuntary, when the defendant compels him either to abandon or to continue the action. See NONSUIT; RETRAXIT. ΑΒΑΤΕ.5 Τo quash, beat down, destroy.6 "Abating" is used in three senses. The first and primitive sense is that of beating down a nuisance; the second, that of abating a writ or action - its overthrow or defeat by some fatal exception to it; in the third denotes that the rightful possession or freehold of an heir or devisee is overthrown by the rude intervention of a stranger.7 In such expressions as to abate a demand, duties, rents, taxes, the word has no distinctly technical meaning. Compare REBATE. Abater; abator. He who actually removes a nuisance; also, he who abates a freehold. See 1, infra. [Moore v. Stevenson, 27 Conn. 25 (1858), Ellsworth, J. A feme-sole trader law. 2 [Washburn v. Washburn, 9 Cal. 476 (1858), Field, J. A divorce case. 3 Levering v. Levering, 16 Md. 219 (1860), Bartol, J. A divorce case. 4 See State v. Davis, 70 Mo. 468 (1869); 4 Bl. Com. 198. F. abattre: L. ab-batuere, to beat down, prostrate. • Case v. Humphrey, 6 Conn. 140 (1826). [3 Bl. Com. 168. Abatement. Demolition, destruction, diminution, removal, suspension. In equity practice, a suspension of proceedings in a suit from want of parties capable of proceeding therein.1 1. Abatement of a freehold; of an estate. Where a person dies seized of an inheritance, and, before the heir or devisee enters, a stranger, who has no right, makes entry and gets possession of the freehold.2 Compare AMOTION, 1. 2. Abatement of a legacy. The reduction of a legacy, in case of insufficiency of assets to pay all debts and other legacies. First, general legacies, and then specific legacies, abate proportionately. The rule is that where bequests are made in the form of a general legacy, and are pure bounty, and there is no expression in or inference to be drawn from the will manifesting an intention to give them priority, in case of a deficiency of funds to pay them in full, they abate ratably: on the principle that equality is equity. See LEGACY. 3. Abatement of a nuisance. The removal of a nuisance. Whatever unlawfully annoys or doeth damage to another may be abated, i. e., taken away or removed by the party aggrieved thereby, he committing no riot.4 An injunction may prevent, and a verdict for damages may punish, but neither will "abate" sance. See further NUISANCE. a nui4. Abatement of a writ. Quashing or setting it aside on account of some fatal defect in it.6 A plea in abatement is one mode. Sometimes it is the duty of the court to abate a writ ex officio. Where the writ is a nullity, so that judgment thereon would be incurably erroneous, it is de facto abated." Plea in abatement. Matter of defense which defeats an action for the present, because of a defect in the writ or declaration.8 Such plea is: (1) of the writ - for an irregularity, defect, or informality, in its terms, form, issue, service or return, or for want of jurisdiction in the court; (2) to the action-as misconceived, or because the right has not yet accrued, or because another action is pending; 1 (3) to the declaration, on account of - (a) 1 See Story, Eq. Pl. §§ 20, n, 354. 23 Bl. Com. 168. 3 Titus v. Titus, 26 N. J. E. 114, 117-19 (1875), cases, Runyon, Ch.; Brown v. Brown, 79 Va. 650 (1884), cases. 4 [3 Bl. Com. 5, 168. 5 Ruff v. Phillips, 50 Ga. 132 (1873). [3 Bl. Com. 168, 302.] 7 Case v. Humphrey, 6 Conn. 140 (1826). 8 [3 Bl. Com. 302. See also Steph. Plead. 47; Gould Plead. 235. ABBREVIATIONS the misnomer of a party; (b) the disability of a party: alienage, infancy, coverture, lunacy, imprisonment, non-existence of a corporation; (c) a privilege (q. v.) in the defendant; (d) non-joinder or mis-joinder of parties; (e) a departure as between the writ and the declaration; (f) a variance between the writ and the instrument sued upon. If the action be such as survives (q. v.), the representative of a deceased party may be substituted.s

To beat down; to overthrow. [Obs.] The King of Scots . . . sore abated the walls. Edw. Hall. To bring down or reduce from a higher to a lower state, number, or degree; to lessen; to diminish; to contract; to moderate; toto cut short; as, to abate a demand; to abate pride, zeal, hope. His eye was not dim, nor his natural force abated. Deut. xxxiv. 7. To deduct; to omit; as, to abate something from a price. Nine thousand parishes, abating the odd hundreds. Fuller. To blunt. [Obs.] To abate the edge of envy. Bacon. To reduce in estimation; to deprive. [Obs.] She hath abated me of half my train. Shak. (a) To bring entirely down or put an end to; to do away with; as, to abate a nuisance, to abate a writ. (b) (Eng. Law) To diminish; to reduce. Legacies are liable to be abated entirely or in proportion, upon a deficiency of assets. To abate a tax, to remit it either wholly or in part.

To decrease, or become less in strength or violence; as, pain abates, a storm abates. The fury of Glengarry . . . rapidly abated. Macaulay. To be defeated, or come to naught; to fall through; to fail; as, a writ abates. To abate into a freehold, To abate in lands (Law), to enter into a freehold after the death of the last possessor, and before the heir takes possession. See Abatement, 4.

Abatement. [Obs.] Sir T. Browne.

Abatement; reduction; (countable) an instance of this. | Deduction; subtraction; (countable) an instance of this.

A surname from Italian.

To lessen (something) in force or intensity; to moderate. | To reduce (something) in amount or size. | To reduce (something) in amount or size. | To cut away or hammer down (material from metalwork, a sculpture, etc.) in such a way as to leave a figure in relief. | To lower (something) in price or value. | To demolish or level to the ground (a building or other structure). | To give no consideration to (something); to treat as an exception. | To dull (an edge, point, etc.); to blunt. | To make (a writ or other legal document) void; to nullify. | To put an end to (a nuisance). | To dismiss or otherwise bring to an end (legal proceedings) before they are completed, especially on procedural grounds rather than on the merits. | To curtail or end (something); to cause to cease. | To give (someone) a discount or rebate; also, to relieve (someone) of a debt. | To bring down (someone) mentally or physically; to lower (someone) in status. | Chiefly followed by from, of, etc.: to omit or remove (a part from a whole); to deduct, to subtract. | Chiefly followed by of: to deprive (someone or something of another thing). | To decrease in force or intensity; to subside. | To decrease in amount or size. | To lower in price or value; (law) specifically, of a bequest in a will: to lower in value because the testator's estate is insufficient to satisfy all the bequests in full. | Of an edge, point, etc.: to become blunt or dull. | Of a writ or other legal document: to become null and void; to cease to have effect. | Of legal proceedings: to be dismissed or otherwise brought to an end before they are completed, especially on procedural grounds rather than on the merits. | To give a discount or rebate; to discount, to rebate. | To bow down; hence, to be abased or humbled. | Chiefly followed by of: to deduct or subtract from.