Dilatory Defense
Dilatory Defense
In the Past
Chancery practice. A dilatory defense is one, the object of which is to dismiss, suspend or obstruct the suit, without touching the merits, until the impediment or obstacle insisted on must be removed.
Developments
These defenses are of four kinds: 1. To the jurisdiction of the court. 2. To the person of the plaintiff or defendant. 3. To the form of proceedings, as that the suit is irregularly brought or it is defective in its appropriate allegation of the parties; and, 4. To the propriety of maintaining the suit itself, because of the pendancy of another suit for the same controversy. Montag. Eq. Pl. 88; Story Eq. Pl. 434. Vide Defence: Plea, dilatory. [1]
Resources
Notes and References
- Partialy, this information about dilatory defense is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including dilatory defense.
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