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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.


(Act of discontinuing), noun abe yance, abolishment, abolition, adjournment, breaking off, cancellation, cancelling, cessation, defeasance, desistance, discontinuation, dismissal, disruption, disuse, interruption, interval, invalidation, nonuse, nullification, pause, recess, remission, stop, stoppage, suspension, termination, withdrawal


(Interruption of a legal action), noun ampliation, cessation, desistance, discontinuation, moratorium, termination, withdrawal
See also: abatement, abeyance, abolition, ademption, annulment, cancellation, cessation, close, cloture, conclusion, death, defeasance, desuetude, discharge, dismissal, dissolution, disuse, expiration, extremity, halt, impasse, interruption, layoff, lull, moratorium, remission, renunciation, stay, termination

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; 4 Rep. 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.

References in periodicals archive ?
Imagine such a scenario on your flight path to discontinuance.
The regulations stipulate that an insurer shall recover only the incurred acquisition costs in the event of discontinuance of policy and that these charges are not excessive.
2 million, impacted by the sale of the tabletop product lines in September 2005, inventory shortages, vendor and customer uncertainty, post-holiday overstocks at retailers and planned product discontinuances.
In addition to continuous monitoring and contractor input, the V-22 OMT uses discontinuance notices delivered through GIDEP and the shared data warehouse or other available sources to provide an easy-to-use interface for part number inquiry listings.
After perusing this volume, this reviewer regrets even more the discontinuance by the U.
Dissatisfaction typically results in discontinuance of assistive technology devices.
But take care to identify the right candidates for discontinuance because ABC systems report on the current profitability of a product; they do not report on future profitability nor typically on associated profits of other products.
The discontinuing operations ED proposes that certain information about a planned discontinuance -- both approved and publicly announced by the boafd of directors -- should be disclosed in the notes to the enterprise's financial statements.
The 1997 second quarter income included an $8 million write-down for the discontinuance of the dental services practices and the medical services organization.
The major reasons for the loss were a 24-per-cent reduction in shipping days for the marine division, the discontinuance of $2.
The firm is also investigating the Company's disclosure that the anticipated discontinuance of the iAdvance program and the potential discontinuance of tax-related programs would "eliminate a substantial portion of [the Company's] gross profit.
The discontinuance was initiated by Deutsche Bank Canada, and involved no settlement with, payment by, or admission of wrongdoing by Sherritt.