Legal Definition and Related Resources of Discontinuance

Meaning of Discontinuance

An interruption or breaking off. In practice, discontinuance occurs when the plaintiff omits to proceed with the action and chooses to abandon same. A voluntary dismissal or the taking of a non-suit.

Discontinuance Alternative Definition

Of 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. 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 may restore it by entry. Co. Litt. 325a; 3 Bl. Comm. 171; Adams, Ej. 35-41; Comyn, Dig.; Bac. Abr.; Viner, Abr.; Cruise, Dig. Index; 2 Saund. Index. In Pleading. The chasm or interruption which occurs when no answer is given to some material matter in the preceding pleading, and the opposite party neglects to take advantage of such omission. See Comyn, Dig. “Pleader” (W) ; Bac. Abr. “Pleas” (P). It is distinguished from insufficient pleading by the fact that the pleading does not profess to answer all the preceding pleading in a case of discontinuance. 1 Wm. Saund. 28, note. In Practice. The chasm or interruption in proceedings occasioned by the failure of the plaintiff to continue the suit regularly from time to time, as he ought. 3 Bl. Comm. 296.

Synonyms of Discontinuance

(Act of discontinuing), noun

abeyance
abolishment
abolition
adjournment
breaking off
cancellation
cancelling
cessation
defeasance
desistance
discontinuation
dismissal
disruption
disuse
interruption
interval
invalidation
nonuse
nullification
pause
postponement
recess
remission
stop
stoppage
suspension
termination
withdrawal

(Interruption of a legal action), noun

ampliation
cessation
desistance
discontinuation
dismissal
moratorium
termination
withdrawal

Related Entries of Discontinuance in the Encyclopedia of Law Project

Browse or run a search for Discontinuance in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Discontinuance in Historical Law

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Legal Abbreviations and Acronyms

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Related Legal Terms

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Mentioned in these terms

Dispossess.

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Notice

This definition of Discontinuance is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Meaning of Discontinuance in Spanish

Description/ translation of discontinuance into Spanish: abandono de la acusación por parte del fiscal[1]

Note: for more information on related terms and on the area of law where discontinuance belongs (criminal procedure law), in Spanish, see here.

Notes and References

Translation of Discontinuance published by Antonio Peñaranda

Discontinuance