Discontinuance in United Kingdom

Meaning of Discontinuance

The following is an old definition of Discontinuance [1]: The cessation of an action or an estate. 1. (1) A chasm or gap left by neglecting to enter a continuance in an action. When a plaintiff fails to follow up his case and leaves a chasm in the proceedings by his laches. When the plaintiff leaves a chasm in the proceedings, as by not continuing the process, regularly from time to time, the suit is discontinued, and the defendant need not attend. See Continuance: Dismiss. (2) At common law, the act of the plaintiff in demurring or replying to a plea which answered a part of his declaration. By not taking judgment for the part unanswered, he was held not to have followed up his whole demand. 2. When, at common law, a tenant in tail granted a larger estate than he could right- fully transfer. Abolished in England in 1834; but prior thereto had already become obsolete.0

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Notes and References

1. Concept of Discontinuance provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)