quash


Also found in: Dictionary, Thesaurus, Medical, Financial, Acronyms, Wikipedia.

Quash

To overthrow; to annul; to make void or declare invalid; e.g., "quash a subpoena."

Unreasonable, obviously irregular, or oppressive subpoenas, injunctions, indictments, and orders can be quashed by a court. For example, if jurors have been selected improperly, the court can quash the proceedings.

In criminal cases, if an indictment is defective to such a degree that no judgment could be made if the defendant were to be convicted, the court typically will quash the indictment. In criminal cases, a motion made by the prosecution to quash an indictment is much more likely to succeed than one made by the defense, whose motion would appear self-serving.

quash

v. to annul or set aside. In law, a motion to quash asks the judge for an order setting aside or nullifying an action, such as "quashing" service of a summons when the wrong person was served.

quash

verb abate, abolish, annul, cancel, declare null and void, destroy, disannul, discard, disestablish, dismiss, dispel, dissolve, end, eradicate, extirpate, infirmare, inritum facere, invalidate, make void, nullify, obliterate, overrule, overthrow, overturn, overwelm, put an end to, put down, quell, quench, repeal, repress, rescind, rescindere, reverse, squelch, stop, suppress, terminate, vacate, withdraw
Associated concepts: motion to quash, quash a subpoena
See also: abate, abolish, abrogate, annul, ban, cancel, censor, condemn, contain, defeat, discharge, disinherit, dissolve, eliminate, enjoin, eradicate, expunge, extinguish, extirpate, invalidate, kill, negate, nullify, obliterate, overcome, overthrow, overwhelm, prohibit, refute, repeal, rescind, restrain, revoke, subjugate, suppress, surmount, terminate, upset, vacate, vitiate, void, withdraw

quash

to annul.

TO QUASH, practice. To overthrow or annul.
     2. When proceedings are clearly irregular and void the courts will quash them, both in civil and criminal cases: for example, when the array is clearly irregular, as if the jurors have been selected by persons not authorized by law, it will be quashed. 3 Bouv. Inst. n. 3342.
     3. In criminal cases, when an indictment is so defective that no judgment can be given upon it, should the defendant be convicted, the court, upon application, will in general quash it; as if it have no jurisdiction of the offence charged, or when the matter charged is not indictable. 1 Burr. 516, 548; Andr. 226. When the application to quash is made on the part of the defendant, the court generally refuses to quash the indictment when it appears some enormous crime has been committed. Com. Dig. Indictment, H; Wils. 325; 1 Salk. 372; 3 T. R. 621; 6 Mod. 42; 3 Burr. 1841; 5 Mod. 13; Bac. Abr. Indictment, K. When the application is made on the part of the prosecution, the indictment will be quashed whenever it is defective so that the defendant cannot be convicted, and the prosecution appears to be bona fide. If the prosecution be instituted by the attorney general, he may, in some states, enter a nolle prosequi, which has the same effect. 1 Dougl. 239, 240. The application should be made before plea pleaded; Leach, 11; 4 St. Tr. 232; 1 Hale, 35; Fost. 231; and before the defendant's recognizance has been forfeited. 1 Salk. 380. Vide Cassetur Breve.

References in periodicals archive ?
Quash devotes a 'pairing' of chapters to each of these core concepts.
As part of the study shut down, Pharmasset plans to continue to collect safety data and to monitor patients after discontinuation of clevudine in the QUASH studies, but does not plan to submit study results to regulators as pivotal studies.
Quash foam is made from a blend of a custom-designed Index interpolymer and a custom-designed low-density polyethylene for optimum structural and sound management properties at a low foam density, according to Dow.
Your counsel may want to seek to quash the subpoena if it is too indefinite or unduly burdensome.
I still feel in limbo until the High Court offi-cially agree to quash it.
However, while both challenges - the motion to quash and the habeas writ - may make the same arguments, but the order in which siting Judge Bert Richardson considers could make a big difference in the pace of the proceedings.
THE mother of a British soldier shot dead alongside a comrade in Northern Ireland has branded a decision to quash the conviction of the man jailed for their murder as "scandalous".
Several cases of different nature were registered against Liaqat Jatoi in different police stations while the former federal minister had prayed the court to quash these cases.
They will be helping children improve their English by performing new play Hiccup The Duck by Toby Quash.
But in its zeal to quash the legalization of medical marijuana, the FDA ignored a 1999 Institute of Medicine study that found pot eases pain and suffering for seriously ill people.
On March 31, 2003, Susan Wright filed a motion to quash the subpoena.
The court denied Norwest and Arthur Andersen's motions to quash the summons, compelling them to hand over the tax software.