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Legal Dictionary
  • Abatement of Action
Abatement of Action
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. At common law, a suit, when it abates, is absolutely dead. Any further enforcement of the cause of action necessitates the bringing of a new suit. But in courts of equity, abatement signifies only a present suspension of all proceedings in the suit because of the want of proper parties capable of proceeding therein. The suit can be revived or put in motion by a bill of revivor and proceed to its regular determination.