Online Encyclopedia

ABATEMENT IN LITIGATION

Online Encyclopedia
Originally appearing in Volume V01, Page 7 of the 1911 Encyclopedia Britannica.
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ABATEMENT IN LITIGATION. In civil proceedings, no action abates by reason of the marriage, death or bankruptcy of any of the parties, if the cause of action survives or continues, and does not become defective by the assignment, creation or devolution of any estate or title pendente lice (R.S.C. Order 17, r. r). Criminal proceedings do not abate on the death of the prosecutor, being in theory instituted by the. crown, but the crown itself may bring about their termination without any decision on the merits and without the assent of the prosecutor.
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