Abate Meaning In Law. At common law a suit when it abates is absolutely dead. Abatement of a suit can happen under various grounds.
Any further enforcement of the cause of action necessitates the bringing of a new suit. Abatement is available to a defendant through procedural pleadings and may be considered a defense. When property bequeathed in a will cannot be given to the beneficiary because it was sold to pay off the deceased debts.
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Jan 03 2011 Abatement is when a legal proceeding is interrupted or suspended and the plaintiff is prohibited from going forward with the lawsuit at that particular time. Blacks Law Dictionary 2nd Ed. Legacies are liable to be abated entirely or in proportion upon a deficiency of assets. Abatement of action refers to the entire overthrow or destruction of an action resulting from the fact that the defendant pleads a matter which defeats the action either for the time being or permanently.
