Respondeat Ouster Law and Legal Definition

Respondeat ouster is a form of interlocutory judgment entered when a defendant failed in substantiating a dilatory plea. It is the name of a judgment when an issue in law has been decided for the plaintiff.

The effect of a judgment of respondeat ouster is to overrule the plea and require the defendant to answer to the merits of the action.

Where an issue in fact on a plea in abatement, is found for the plaintiff, the judgment, in all cases, is that of respondeat ouster. [Alling v. Shelton, 16 Conn. 436 (Conn. 1844)].