discontinuance

dis·con·tin·u·ance

D0258700 (dĭs′kən-tĭn′yo͞o-əns)n.1. The act or an instance of discontinuing or the condition of being discontinued; cessation.2. Law a. The plaintiff's failure to proceed in a legal action.b. The plaintiff's agreement to the dismissal of a legal action.

dis•con•tin•u•ance

(ˌdɪs kənˈtɪn yu əns)

n. 1. the act of discontinuing or the state of being discontinued. 2. the termination of a lawsuit by some act of the plaintiff. [1350–1400; Middle English < Anglo-French]

Thesaurus

Noun

discontinuance - the act of discontinuing or breaking off; an interruption (temporary or permanent)discontinuationending, termination, conclusion - the act of ending something; "the termination of the agreement"disfranchisement - the discontinuation of a franchise; especially the discontinuation of the right to votedisinheritance - the act by a donor that terminates the right of a person to inheritphase-out - the act or instance of a planned discontinuationprorogation - discontinuation of the meeting (of a legislative body) without dissolving itdismount - the act of dismounting (a horse or bike etc.)continuance, continuation - the act of continuing an activity without interruption

discontinuance

noun1. The act of stopping:cessation, check, cut-off, discontinuation, halt, stay, stop, stoppage, surcease.2. The condition of being stopped:cessation, discontinuation, halt, standstill, stop, stoppage, surcease.3. A cessation of continuity or regularity:break, discontinuation, discontinuity, disruption, interruption, pause, suspension.

Discontinuance

Cessation; ending; giving up. The discontinuance of a lawsuit, also known as a dismissal or a non-suit, is the voluntary or involuntary termination of an action.

DISCONTINUANCE, pleading. A chasm or interruption in the pleading.
2. It is a rule, that every pleading, must be an answer to the whole of what is adversely alleged. Com. Dig. Pleader, E 1, ri 4; 1 Saund. 28, n. 3; 4Rep. 62, a. If, therefore, in an action of trespass for breaking a close, and cutting three hundred trees, the defendant pleads as to cutting all but two hundred trees, some matter of justification or title, and as to the two hundred trees says nothing, the plaintiff is entitled to sign judgment, as by nil dicit against him, in respect of the two hundred trees, and to demur, or reply to the plea, as to the remainder of the trespasses. On the other hand, if he demurs or replies to the plea, without signing, judgment for the part not answered, the whole action is said to be discontinued. For the plea, if taken by the plaintiff as an answer to the, whole action, it being, in fact, a partial answer only, is, in contemplation of law, a mere nullity, and a discontinuance takes place. And such discontinuance will amount to error on the record; such error is cured, however, after verdict, by the statute of Jeo fails, 32 H. VIII. c. 80; and after judgment by nil dicit, confession, or non sum informatus, by stat. 4 Ann. c. 16. It is to be observed, that as to the plaintiff's course of proceeding, there is a distinction between a case like this, where the defendant does not profess to answer the whole, and a case where, by the commencement of his plea, he professes to do so, but, in fact, gives a defective and partial answer, applying to part only. The latter case amounts merely to insufficient pleading, and the plaintiff's course, therefore, is not to sign judgment for the part defectively answered, but to demur to the whole plea. 1 Saund. 28, n.
3. It is to be observed, also, that where the part of pleading to which no answer is given, is immaterial, or such as requires no separate or specific answer for example, if it be mere matter of allegation, the rule does not in that case apply. Id. See Com. Dig. Pleader, W; Bac. Abr. Pleas, P.

DISCONTINUANCE, estates. An alienation made or suffered by the tenant in tail, or other tenant seised in autre droit, by which the issue in, tail, or heir or successor, or those in reversion or remainder, are driven to their action, and cannot enter.
2. The term discontinuance is used to distinguish those cases where the party whose freehold is ousted, can restore it only by action, from those in which he ma restore it by entry. Co. Litt. 325 a 3 Bl. Com. 171; Ad. Ej. 35 to 41; Com. Dig. h.t.; Bac. Ab. h.t.; Vin. Ab. h.t.; Cruise's Dig. Index, b.. t..5 2 Saund. Index, h.t.

DISCONTINUANCE, practice. This takes place when a plaintiff leaves a chasm in the proceedings of his cause, as by not continuing the process regularly from day to day, and time to time, as he ought. 3 Bl. Com. 296. See Continuance. A discontinuance, also, is an entry upon the record that the plaintiff discontinues his action.
2. The plaintiff cannot discontinue his action after a demurrer joined and entered, or after a verdict or a writ of inquiry without leave of court. Cro. Jac. 35 1, Lilly's Abr. 473; 6 Watts & Serg. 1417. The plaintiff is, on discontinuance, generally liable for costs. But in some cases, he is not so liable. See 3 Johns. R. 249; 1 Caines' R. 116; 1 Johns. R. 143; 6 Johns. R. 333; 18 Johns. R. 252; 2 Caines' Rep. 380; Com. Dig. Pleader, W 5; Bac. Abr. Pleas' P.

discontinuance

dis·con·tin·u·ance

dis•con•tin•u•ance

discontinuance

Discontinuance

Discontinuance

discontinuance

Synonyms for discontinuance

noun the act of stopping

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noun the condition of being stopped

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noun a cessation of continuity or regularity

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Synonyms for discontinuance

noun the act of discontinuing or breaking off

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