| 释义 |
† misconˈtinuance Law. Obs.
[AF.; see mis-2.]
Continuance by unlawful process.
In some Law Dicts. confused with discontinuance.
1540Act 32 Hen. VIII, c. 30 Any myscontynuance or discontinuance or mysconveing of process. 1607Cowell Interpr., Miscontinuance, Kitchin, fol. 231 [error for 331]. See Discontinuance [ed. 1672 adds Is the same with Discontinuance]. 1628Coke On Litt. 325 There is..a Discontinuance of Processe consisting in not doing, where the Processe is not continued... There is another erronious proceeding and that consisteth in misdoing, as when one Processe is awarded in stead of another, or when a day is giuen which is not legall, this is called a miscontinuance and if the Tenant or Defendant make default it is error, but if he appeare, then the miscontinuance is salued, otherwise it is of a Discontinuance. 1771Jenkins Rep. ii. v. 57 A miscontinuance is where the continuance is made by undue process; a discontinuance is where no continuance is made at all. |