Also found in: Dictionary, Thesaurus, Wikipedia.


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 ?
The old definition referred to final discontinuance or abandonment.
Instead, GPhA contends that a fixed time period should only apply when the discontinuance can be confirmed.
On your journey to scheme discontinuance, aeroplanes aside, a disastrous landing could all too soon be a common theme if the administration and data impact on your overall strategy is considered too late.
Upon discontinuance of a policy, a policyholder shall be entitled to exercise an option of either reviving the policy or completely withdrawing from the policy without any risk cover.
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.
According to this theory, discontinuance is a decision to discard an innovation after previously accepting it.
The contracts to change resource supply levels are necessary to ensure that everyone involved in the discontinuance project understands that the supply of these resources must be managed actively if the required savings and hence additional profits are to materialize.
During the pendency of that action, Fred Kent and Chase entered into a work-out agreement under which the debt to Chase was restructured and which also provided for Chase's discontinuance of its action against Kent without prejudice as long as Kent complied with the work-out terms.
The major reasons for the loss were a 24-per-cent reduction in shipping days for the marine division, the discontinuance of $2.
302(e)(2) does provide a safe-harbor test for distributions resulting from the discontinuance of a separate business, if they meet both of the following requirements.