discontinuance 音标拼音: [d
, ɪskənt'ɪnjuəns]
n . 停指,中止,废止
停指,中止,废止
discontinuance n 1 :
the act of discontinuing or breaking off ;
an interruption (
temporary or permanent ) [
synonym : {
discontinuance },
{
discontinuation }] [
ant : {
continuance }, {
continuation }]
Discontinuance \
Dis `
con *
tin "
u *
ance \,
n .
1 .
The act of discontinuing ,
or the state of being discontinued ;
want of continued connection or continuity ;
breaking off ;
cessation ;
interruption ;
as ,
a discontinuance of conversation or intercourse ;
discontinuance of a highway or of travel .
[
1913 Webster ]
2 . (
Law )
(
a )
A breaking off or interruption of an estate ,
which happened when an alienation was made by a tenant in tail ,
or other tenant ,
seized in right of another ,
of a larger estate than the tenant was entitled to ,
whereby the party ousted or injured was driven to his real action ,
and could not enter .
This effect of such alienation is now obviated by statute in both England and the United States .
(
b )
The termination of an action in practice by the voluntary act of the plaintiff ;
an entry on the record that the plaintiff discontinues his action .
(
c )
That technical interruption of the proceedings in pleading in an action ,
which follows where a defendant does not answer the whole of the plaintiff '
s declaration ,
and the plaintiff omits to take judgment for the part unanswered . --
Wharton '
s Law Dict .
Burrill .
Syn :
Cessation ;
intermission ;
discontinuation ;
separation ;
disunion ;
disjunction ;
disruption ;
break .
[
1913 Webster ]
49 Moby Thesaurus words for "
discontinuance ":
abandonment ,
abeyance ,
abjuration ,
abjurement ,
breakoff ,
broken thread ,
brokenness ,
cease ,
ceasing ,
cessation ,
close ,
closing ,
cold storage ,
desinence ,
desistance ,
desuetude ,
disconnectedness ,
disconnection ,
discontinuation ,
discontinuity ,
discontinuousness ,
discreteness ,
disjunction ,
end ,
ending ,
episode ,
fitfulness ,
forbearance ,
incoherence ,
incompleteness ,
intermittence ,
irregularity ,
non sequitur ,
noncontinuance ,
nonexercise ,
nonlinearity ,
nonseriality ,
nonuniformity ,
parenthesis ,
relinquishment ,
renouncement ,
renunciation ,
resignation ,
shutdown ,
stopping ,
surcease ,
suspension ,
termination ,
waiver 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 .
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