Dilatory Pleas

Dilatory pleas, a class of defence 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. These pleas must have been verified by affidavit or otherwise, and pleaded within four days from delivery of declaration, 4 Anne, c. 16. Pleas in Abatement are now abolished. See ABATEMENT.