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Simple English definitions for legal terms
quod billa cassetur
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A quick definition of quod billa cassetur:
Term: QUOD BILLA CASSETUR
Definition: Quod billa cassetur is a Latin term that means "that the bill be quashed." It is a common-law form of a judgment that upholds a plea in abatement that comes from a bill instead of an original writ. It can also refer to a judgment quashing a plea in abatement or a plaintiff's admission that a defendant's plea in abatement cannot be avoided, which discontinues the action.
A more thorough explanation:
Definition: Quod billa cassetur is a Latin term that means "that the bill be quashed." It is a common-law form of a judgment that upholds a plea in abatement that comes from a bill instead of an original writ. It is also known as cassetur billa.
Examples:
- Example 1: A defendant files a plea in abatement, arguing that the plaintiff did not properly serve them with the lawsuit. The court agrees and issues a judgment of quod billa cassetur, meaning that the case is dismissed because the plaintiff did not follow proper procedure.
- Example 2: A plaintiff admits on the record that the defendant's plea in abatement is valid and cannot be avoided. This statement discontinues the action, and the court issues a judgment of cassetur billa.
These examples illustrate how quod billa cassetur and cassetur billa are used in legal proceedings to dismiss a case or uphold a plea in abatement. They show how important it is for plaintiffs to follow proper procedure and serve defendants with the lawsuit correctly to avoid having their case dismissed.
quocumque modo velit, quocumque modo possit | quod clerici non eligantur in officio ballivi, etc