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Abatement by death

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 37 U.S. 164 - John Clarke Administrator of Willard Wetmore v. Henry Mathewson · 1838Most cited · 197 citing opinions

in courts of equity, an abatement of the suit, by the death of a party, has always been held to have a very different effect; for such abatement amounts to a mere suspension, and not to a determination of the suit. It may again be put in motion by a bill of revivor, and the proceedings being revived, the cause proceeds to its regular determination as an original bill.