28-U.S.C.-2105
§2105 – Scope of Review; Abatement
Pathway
Title 28 > Part V > Chapter 133 > Section 2105
Details
- Reference: Section 2105
- Legend: §2105 – Scope of Review; Abatement
- USCode Year: 2013
Provision Content
There shall be no reversal in the Supreme Court or a court of appeals for error in ruling upon matters in abatement which do not involve jurisdiction.
(June 25, 1948, ch. 646, 62 Stat. 963.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §879 (R.S. §1011; Feb. 18, 1875, ch. 80, §1, 18 Stat. 318).
The revised language is substituted for the provisions of section 879 of title 28, U.S.C., 1940 ed., to avoid any construction that matters of fact are not reviewable in nonjury cases. Such section 879 related to review upon a writ of error which applied only to actions at law. (See Rule 52(a) of the Federal Rules of Civil Procedure limiting the review of questions of fact which renders unnecessary any statutory limitation.)
Rule 7(c) of the Federal Rules of Civil Procedure abolished all pleas, and the rules adopted the motion as a substitute therefor.
Words matters in abatement were, therefore, substituted for the abolished plea in abatement and plea to the jurisdiction.
Changes were made in phraseology.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-2105 in the Legal Encyclopedia: Judiciary
In this entry about 28-U.S.C.-2105, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.
28-U.S.C.-2041 in the Legal Encyclopedia: Judicial Procedure
In this entry about 28-U.S.C.-2041, find legal reference material, bibliographies and premiere content related to judicial procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States judicial procedure-specific issues, written by authorities in the field.
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