Results 1 to 10 of 65

Thread: No pleading.

Hybrid View

Previous Post Previous Post   Next Post Next Post
  1. #1

    II Objections to Jurisdiction

    II Objections to Jurisdiction
    [17] A. Nature of Pleas to the Jurisdiction.
    At common law pleas by which objection is taken to the jurisdiction of the court are not strictly pleas in abatement, but are in a class by themselves and are designated as pleas to the jurisdiction. They differ at common law from pleas in abatement in several respects, as, for example, in that they must be pleaded in person and not by attorney, and in that they must conclude, not with a prayer for judgement of the writ or declaration, or of the writ and declaration, and that the same be quashed, but whether the court will or ought to take further cognizance of the action or suit. They are, however, dilatory pleas, as distinguished from pleas to the merits, in that their effect is to defeat the present suit and not to deny or bar the cause of action, and therefore they are in modern practice treated for most purposes like other dilatory pleas as pleas in abatement, and are subject to most of the rules governing such pleas.

    Source:
    Last edited by Chex; 07-14-11 at 02:43 PM. Reason: Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •