Quash

In practice. To overthrow or annul. Distinguished from "dismiss." The term "quash," as applied to writs, is predicated of some defect in the writ itself, or in the form of the writ, which defect does not reach the merits of the case; the usual practice being to grant a new writ on the original petition. Dismissal is applied to the removal or disposal of the cause itself, and not to the mere annulment of the writ. 24 Miss. 457.

* To make void or abate;5 to ov^erthrow, annul.* A plea in abatement prays that the writ or declaration be quashed — cassetur breve.^ The ground for exercising the summary power of quashing writs is to clear the record of irregular, void, or defective proceedings." When- an indictment is so defective that a valid judgment cannot be given upon it, should the accused be convicted, the court, upon application, may quash it; or the accused may assign the defect as ground for an arrest of judgment.*^ Not being a matter of right, but of privilege, the motion vrill not be received when presented at an un- > Morgan v. Louisiana, 118 XI. S. 455, 466 (1886), Miller, J. ' [Bell V. Wilson, L.,E., 1 Ch. Ap. Cas. 'SOS (1866), Turner, L. J. ' See Bainbridge, Mines, 3. < P. quasser, to break: L. quassare, to shatter. 5 [3 B). Com. 303. ' Crawford v. Stewart, 38 Pa. 36 (1860); United States reasonable time, as, after issue joined on a plea of not guilty. I

{Caaser,fr.) To

To annul, overthrow, or vacate by judicial decision; as to quash an indictment. Que est le mesme. The law-French expression equivalent to the Latin quce est eadem, — which is the same thing. The words were formerly used in pleas of justification for trespass, to indicate that the thing justified was the same thing as that of which the plaintiff complained.