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abatement of action The term used for a suspension of termination of proceedings in an action for want of proper parties or owing to a defect in the writ or service. Every change of interest after the commencement and before the termination of proceedings caused an abatement. But now a cause or matter is not abated by the marriage, death or bankruptcy of any of the parties, if the cause of action survives; nor by changes in title during the pendency of the suit; nor by the death or either party between verdict and judgment. Criminal proceedings are not terminated by the death either of the prosecutor or the Sovereign, but on the death of the accused the proceedings drop. |