absolution, noun

Origin:
Dutch
Law
In full absolution from the instance.
A form of judgement by which allowance is made for the re-institution of proceedings once further evidence has been obtained (the plaintiff’s claim not having been established to the satisfaction of the court).
1892 C.J. De Villiers in H. Juta Index to Cases in Supreme Court of Cape of G.H. (1973) IX. 279It has never been understood that a defendant is bound to accept absolution from the instance if the evidence given at the trial is of such a nature as to entitle him to judgement in his favour. In such a case he would..be quite entitled to object to absolution.
1896 Stat. of Natal (1900) Act 39 of 1896, 11The Judge presiding at a trial with a jury shall be entitled, if he considers there is no evidence upon which a jury may reasonably find for the plaintiff, to withdraw the case from the jury and enter a judgement of absolution from the instance in favour of the defendant.
1910 E. Prov. Herald 8 JuneUnless he was satisfied on this point it was absolutely no use to go on with the proceedings any further. There must be absolution from the instance, with costs.
1934 C.P. Swart Supplement to Pettman. 1Absolution from the instance,..A form of judgement granted, where the plaintiff has not established his claim to the satisfaction of the court, enabling him, on obtaining better evidence, to institute proceedings de novo.
1960 J.J.L. Sisson S. Afr. Judicial Dict. 5By long practice in the courts of South Africa absolution from the instance has acquired a wider range than it possessed in the Dutch courts. The latter courts confined this form of judgement to those cases in which a plea in abatement would be successfully pleaded according to the practice of the English courts.
1970 Rand Daily Mail 12 Nov. 3He granted the plaintiff absolution from the instance, which means that the woman might at some other time, and in changed circumstances, re-open her case.
1987 E. Prov. Herald 20 Mar. 1He gave a judgement of ‘absolution’, meaning that should Mr B— be able to bring evidence that Mrs P—’s husband knew about the contract, he could present it to the court.
A form of judgement by which allowance is made for the re-institution of proceedings once further evidence has been obtained (the plaintiff’s claim not having been established to the satisfaction of the court).
Entry Navigation

Visualise Quotations

Quotation summary

Senses

18921987