Dilatory Plea
Defined in 6 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Kinney (1893), Stimson (1881), Burrill (1850)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
One which goes to defeat the particular action brought, merely, and which does not answer as to the general right of the plaintiff.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
One which goes to defeat the particular action brought, merely, and which does not answer as to the general right of the plaintiff. See Plea.
A Law Dictionary and Glossary
George C. Kinney · 1893
A plea which tends to delay or abate the action, but does not deny the injury, or the right of action.
Glossary of Technical Terms, Phrases, and Maxims of the Common Law
Frederic Jesup Stimson · 1881
A plea which tends to delay the action, or abate this particular action without impeaching the right or denying the injury, v. Abatement, Jurisdiction, Plea.
A New Law Dictionary and Glossary
Alexander M. Burrill · 1850
[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.