§ 2105. — Scope of review; abatement.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2105]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 133--REVIEW--MISCELLANEOUS PROVISIONS
Sec. 2105. Scope of review; abatement
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., Sec. 879 (R.S. Sec. 1011; Feb.
18, 1875, ch. 80, Sec. 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.
