In practice. Thetermination of an action, in consequence of the plaintiff’s omitting to continue the processor proceedings by proper entries on the record. 3 Bl. Comm. 296; 1 Tidd, Pr. 678;2 Arch. Pr. K. B. 233. Hadwin v. Railway Co., 67 S. C. 463, 45 S. E. 1019; Gillespie v.Bailey, 12 W. Va. 70, 29 Am. Rep. 455; Kennedy v. McNiclcle, 7 Pliila. (Pa.) 217;Insurance Co. v. Francis, 52 Miss. 467, 24 Am. Rep. 674.In practice, a discontinuance is a chasm or gap left by neglecting to enter acontinuance. By our practice, a neglect to enter a continuance, even in a defaultedaction, by no means puts an end to it, and such actions may always be broughtforward. Taft v. Northern Transp. Co., 5G N. II. 416.The cessation of the proceedings in an action where (be plaintiff voluntarily puts anend to it, either by giving notice in writing to the defendant before any step bas beentaken in the action subsequent to the answer, or at any other time by order of the court or a judge.In practice, discontinuance and dismissal import the same thing, viz., that the causeis sent out of court. Thurman v. James, 48 Mo. 2″5.In pleading. That technical interruption of the proceedings in an action which followswhere a defendant does not answer the whole of the plaintiff’s declaration, and the plaintiff omits to take judgment for the part unanswered.Steph. PL 216, 217.
What is DISCONTINUANCE?
Featuring Black’s Law Dictionary
Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. For questions regarding your specific situation, please consult a qualified attorney.
- How To Get an EIN Number
- What is a Credit Freeze?
- The 14th Amendment Explained
- What is the Security Exchange Commission?
- Restitution Law – What it is, How to Avoid it, and Tips on Asking for It
- Should I Freeze My Credit?
- Living Will – The Pros & Cons You Need to Know
- What does it mean to be acquitted?
- Forming an LLC in Missouri
- Double Jeopardy Law
- What Is A Police Welfare Check?
- Best Way to Find Someone in Jail for Free
- How to Transfer a Car Title When The Owner Is Deceased
- How To Find A Name & Address Using A License Plate Number
- Best Way to Write a Professional Letter to a Judge
- What Can You Do At 18 Legally?
- How To Find An Inmate’s Release Date
- Signing a Letter on Someone Else’s Behalf
- How Do You Look up License Plate Numbers?
- Why Do Policemen Touch Your Tail Light When They Pull You Over?