Dilatory

Tending or intended to cause delay or to gain time or to put off a decision.

— Dilatory defense. In chancery practice. One the object of which is to dismiss, suspend, or obstruct the suit, without touching the merits, until the impediment or obstacle insisted on shall be removed. 3 Bl. Comm. 301, 307.

— Dilatory pleas. A class of defenses at common law, founded on some matter of fact not connected with the merits of the case, but such as might exist without impeaching the right of action itself. They were either pleas to the jurisdiction, showing that, by reason of some matter therein stated, the case was not within the jurisdiction of the court; or pleas in suspension, showing some matter of temporary incapacity to proceed with the suit; or pleas in abatement, showing some matter for abatement or quashing the declaration. 3 Steph. Comm. 576. Parks v. McClellan, 44 N. J. Law, 558; Mahoney v. Loan Ass'n (C. C.) 70 Fed. 515.

Said of a defense or a plea that resists the plaintiff's present right of recovery by interposing some temporary objection, as that the court has no jurisdiction, that the plaintiff lacks capacity to sue.'' See Plea.