Dilatory Plea
A New Law Dictionary and Glossary · Alexander M. Burrill · 1850
A New Law Dictionary and Glossary
[Lat. exceptio dilatoria, q. v.] A plea which tends or is intended to delay or put off an action, by questioning the propriety of the remedy rather than by denying the injury, or right of action.
3 Bl. Com. 301.
Anciently termed a dilatory.
Hob. 245.
A plea founded on some matter of fact
not connected with the merits of the case, but such as may exist without impeaching the right of action itself.
3 Steph. Com. 576. 1 Reeves' Hist. Eng. Law, 451.
This class of pleas comprises pleas to the jurisdiction, pleas in suspension, and pleas in abatement.
Steph. Pl. 46, 3 Steph. Com. 576.