discontinuance


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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

(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

discontinuance

(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 ?
* Educate the sales force regarding the discontinuances and substitutions;
Three of the above definitions will form the focus for this study: bankruptcy and discontinuance of ownership because they represent the extreme ends of the failure continuum; and failure to `make a go of it' because it represents a middle of the road definition of failure.
Table 3 tallies the discontinuances and failures by year of closure.
In case fiscal discontinuance or abandonment shall be used as basis, such activity or project shall no longer be proposed for funding in the next two fiscal years.
"We envision going back to the Planning Board regarding the discontinuance of three public streets.
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.
I know this because following the recent extremely disappointing decision of Wrexham Council I immediately wrote to the Minister to repeat my earlier request that he call in the decision and give full consideration to issuing a revocation or discontinuance order, whichever one was the most appropriate course of action.
"As for discontinuance rates, the vast majority of cases are heard in the magistrates' court.
SUCBs are amounts an employer pays to an employee under a plan "to which the employer is a party, because of an employee's involuntary separation from employment (whether or not such separation is temporary), resulting directly from a reduction in force, the discontinuance of a plant or operation, or other similar conditions, but only to the extent such benefits are includible in the employee's gross income."
The staff costs would be cut through redundancies and the discontinuance of temporary employment contracts, Novo said.
[A]mounts which are paid to an employee, pursuant to a plan to which the employer is a party, because of an employee's involuntary separation from employment (whether or not such separation is temporary), resulting directly from a reduction in force, the discontinuance of a plant or operation, or other similar conditions, but only to the extent such benefits are includible in the employee's gross income.
But he argued against the establishment of an insurance-based central discontinuance fund (CDF), saying there should be a more detailed and transparent system of disclosing how pension funds are invested.