Cassetur Billa

or QUOD BILLA cassetur (Lat. that the bill be quashed).

In practice. The form of the judgment for the defendant on a plea in abatement, where the action was commenced by bill (billa). 3 Bl. Comm. 303; Steph. PL 128, 131. The form of an entry made by, a plaintiff on the record, after a plea in abatement, where he found that the plea could not be confessed and avoided, nor traversed, nor demurred to; amounting in fact to a discontinuance of the action. 2 Archb. Prac. K. B. 3, 236; 1 Tidd. Prac. 683. CASSETUR BREVE (Lat. that the writ be quashed) In practice. A judgment sometimes entered against a plaintiff, at his request, when, in consequence of allegations of the defendant, he can no longer prosecute his suit with effect. The effect of such entry is to stop proceedings, and exonerate the plaintiff from liability for future costs, leaving him free to sue out new process. 3 Bl. Comm. 340. See Gould PI. c. 5, § 139; 3 Bouv. Inst, notes 2913, 2914; 5 Term R. 634. CAST (Law Fr. jecter, getter; Lat. projicere).

In old English practice. To allege, offer, or present; to put forward. To cast an essoign was to allege an excuse for the failure of a party to appear in court, on the return of the original writ. 3 Steph. Comm. 659; 3 Bl. Comm. 278; Roscoe, Real Actions, 156. To cast a protection was to present or allege it as an excuse. Co. Litt. 128a. 130, 131; 3 Reeve, Hist. Eng. Law, 406. This word is now used as a popular, rather than a technical, term, in the sense of to overcome, overthrow, or defeat in a civil action at law. Webster.

or Quod billa cassetur, I. I. That the bill be quashed; the judgment for the defendant on a plea in abatement, where the action was commenced by bill; an entry by a plaintiff on the record, after a plea in abatement, where ho finds that the plea cannot be met, — an entry amounting in fact to a discontinuance. Cassetur breve, or Quod breve cassetur: that the writ be quashed; the judgment for the defendant on a plea in abatement, where the action was commenced by original writ

or QUOD BIL-