Posted by First Middle Last on October 20, 1998 at 13:25:26:
In Reply to: Re: Money posted by First Middle Last on October 18, 1998 at 00:59:04:
: RE:, then MY opinion is that this would just be another evidence that the use of different CASE in words has never had any legal significance in this country.
F. Lee Baily and Henry B. Rothblatt, 1971, published by The Lawyers Co-Operative Publishing Co.
Arrraiment and Pleas, page 48: Plea in abatement.
18 case cites for plea in abatement. 1 thu 18)
4 case cites under the "at common law paragraph". 19, 1, 2, 3.
The principal function of a plea in abatement is to challenge irregularities in procedure occurring before arraignment.
It does not set up facts going to the real merits of the controversy, and does not finally dispose of the subject matter of the inditement, but merely is a denial of the right to bring the present action.
A plea in abatement does not preclude a new action properly taken, but merely suspends or postpones the prosecution.
Generally, a plea in abatement is a dilatory plea, not favored by the courts.
Accordingly, pleas in abatement are strictly construed, and must posses the highest degree of certainty in every particular. They must exclude every legal intendment or conclusion that otherwise might be made against them.
In federal procedure the motion raising defenses and objections has taken the place of the plea in abatement.
A plea in abatement must be presented at the earliest possible time. Generally, a plea in abatement must precede a plea of not guilty.
At common law, a plea in abatement was confined to proof of matters "dehors" the indictment.
In other words, a plea in abatement is proper to raise objections to irregularities not of record.
In the absence of any statutory provisions to the contrary, objection to a misnomer of the accused in an indictment or information may, and usually must, be raised by a plea in abatement,
U.S.A. v. Knudson
: Vance E. Knudson, Sui Juris
24499 DEFENDANT'S REBUTTAL TO PLAINTIFFS' BRIEF IN OPPOSITION TO MOTION FOR RELIEF FROM JUDGMENT
: In pari materia, Defendant hereby enters a standing objection to the habitual use, by employees of the U.S.Department of Justice, of fictitious nommes de guerre to name the parties of interest in all civil and criminal actions which are brought before this honorable Court.
: Defendant does not now use, and never has used, all CAPITAL LETTERS to write or print His Proper Name. Misnomer is a plea in the nature of abatement
(abatement of the misnomer of the Christian name; which Vance E. Knudson misnomered by use of an initial, see "name" Bouvier 1856 law dictionary: Judge must have got a good laugh out of this!)
: The instant case was brought by the Plaintiffs "UNITED STATES OF AMERICA" [sic], not by the "United States" [sic].
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