A Treatise On Proceedings in Equity

Cover A Treatise On Proceedings in Equity
A Treatise On Proceedings in Equity
George Towry White
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— As a general rule an abate- ment has the eifect of suspending all proceedings in a suit, existing at the time of its occurrence, and also of incapacitating any party from taking any further proceeding in it. I. On existing Thus any order obtained previously to the abate- proceec ings. Y^^^-^^^ loses its power upon the abatement occurring.
Order to dis. , . *, i, ^ ^ miss bill. And continues suspended as long as the abatement lasts. Where, therefore, a motion was made by a defendant to dismiss
... a bill for want of prosecution, and the plaintiff" appeared and undertook to set down the cause for hearing in a limited time, and in default the bill was to stand dismissed, and then the defendant died, and the time for setting down the cause expired before the suit could be revived, it was held that the (c) 1S27, 1 Sim. 502. (e) 1842, 1 Hare, 01!
(d) 1840, 3 Beav. 294.
Of Abatement. 73 order dismissing the bill was suspended during the Effects abatement (/). Of Aba tement.
Process of contempt, sequestrations, receiverships Process, in- appointed upon process, subpoenas to hear judgment, J""^*^'°"^' *"^- injunctions, and other proceedings existing at the time of the abatement, will abate with the suit.


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