quash


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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 ?
Each artistic case study opens onto a complementary theoretical chapter in which Quash draws upon several critical interlocutors--particularly Talmudic scholar David Weiss Halivni, German theorist Hans Jauss, and logician C S Peirce--in order to extend his analysis into a wider field of theological discourse.
Mr Justice Silber, sitting with Lord Justice Moore-Bick and Judge Nicholas Cooke QC, quashed the order because it was "unnecessary" in light of Robinson's open-ended jail term.
The republican inmates have already filed to have their convictions quashed but their fate is linked with that of Patrick "Dutchy" Holland.
The judge is expected to decided whether to quash the decision excluding Gatwick Airport or to quash the whole consultation exercise, reported PA News.
While the main insulation occurs due to the sound absorption, QUASH foam is revolutionary in the dual absorption that takes place in the cell walls.
Dow Performance Foams reports that its new polyolefin-based Quash FR1000 and Quash FR2000 Sound Management Foams provide "unsurpassed sound absorption performance, while helping to inhibit accidental ignition from high heat or small fire sources." They are reportedly well suited for use in harsh/extreme environments, for applications including manufacturing plant interiors, industrial and high-tech equipment machinery, air treatment and cooling systems, automotive interiors, rail cars, boats, etc.
If the warrant is overly broad or ambiguous, your counsel may want to ask the court to quash the warrant.
A taxpayer has 20 days after notice is given to initiate a proceeding to quash the summons.
District Court for the Northern District of Texas quash three summonses the IRS issued to obtain access to tax software programs on the grounds that their enforcement would constitute an abuse of the court's process (United States v.
Summary: New Delhi [India], Sept 2 (ANI): The Supreme Court on Monday declined to entertain Special Leave Petitions (SLPs) seeking to quash the investigation against NCP leader Ajit Pawar and others in connection with the Rs 5,000 crore Maharashtra State Co-operative Bank (MSCB) scam case.
The judge ruled the businessman is entitled to the order to quash the impugned summons and charges.
Napoles' motion, which sought to quash the lawsuit against him over National Internal Revenue Code violations.