Legal Definitions - 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 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.