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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DISCONTINUANCE Definition Meaning - Merriam-Webster The meaning of DISCONTINUANCE is the act or an instance of discontinuing
DISCONTINUANCE Definition Meaning - Dictionary. com the act or state of discontinuing or the state of being discontinued; cessation the discontinuance of a business Law the termination of a suit by the act of the plaintiff, as by notice in writing, or by neglect to take the proper adjournments to keep it pending
DISCONTINUANCE | English meaning - Cambridge Dictionary There has been no discontinuance of the heating arrangements in any part of the building More fundamental to the debate is the assumption that a central discontinuance fund could safely invest in equities I have received an appeal against the discontinuance of the old age pension in this case, and the matter is being investigated
Discontinuance - Definition, Meaning Synonyms - Vocabulary. com DISCLAIMER: These example sentences appear in various news sources and books to reflect the usage of the word ‘discontinuance' Views expressed in the examples do not represent the opinion of Vocabulary com or its editors
DISCONTINUANCE definition in American English | Collins English Dictionary DISCONTINUANCE definition: a stopping or being stopped; cessation or interruption | Meaning, pronunciation, translations and examples in American English
Discontinuance - definition of discontinuance by The Free Dictionary discontinuance - the act of discontinuing or breaking off; an interruption (temporary or permanent)
discontinuance - Wiktionary, the free dictionary discontinuance (countable and uncountable, plural discontinuances) The occurrence of something being discontinued; a cessation; an incomplete ending
Discontinuance vs Discontinuation - Whats the difference? As nouns the difference between discontinuance and discontinuation is that discontinuance is the occurrence of something being discontinued; a cessation; an ending while discontinuation is
discontinuance, n. meanings, etymology and more - Oxford English Dictionary What does the noun discontinuance mean? There are six meanings listed in OED's entry for the noun discontinuance , two of which are labelled obsolete See ‘Meaning use’ for definitions, usage, and quotation evidence
What does discontinuance mean? - Definitions. net Discontinuance refers to the act of stopping or termination of a particular action, process, or condition It typically denotes the cessation of a practice, activity, or procedure This term is often used in legal scenarios where a case may undergo discontinuance if it's terminated before the final judgement