| slovo | definícia |
continuance
(mass) | continuance
- pokračovanie, trvanie |
continuance
(encz) | continuance,pokračování n: Zdeněk Brož |
continuance
(encz) | continuance,trvání n: Zdeněk Brož |
Continuance
(gcide) | Continuance \Con*tin"u*ance\, n. [OF. continuance.]
1. A holding on, or remaining in a particular state;
permanence, as of condition, habits, abode, etc.;
perseverance; constancy; duration; stay.
[1913 Webster]
Great plagues, and of long continuance. --Deut.
xxviii. 59.
[1913 Webster]
Patient continuance in well-doing. --Rom. ii. 7.
[1913 Webster]
2. Uninterrupted succession; continuation; constant renewal;
perpetuation; propagation.
[1913 Webster]
The brute immediately regards his own preservation
or the continuance of his species. --Addison.
[1913 Webster]
3. A holding together; continuity. [Obs.] --Bacon.
[1913 Webster]
4. (Law)
(a) The adjournment of the proceedings in a cause from one
day, or from one stated term of a court, to another.
(b) The entry of such adjournment and the grounds thereof
on the record.
[1913 Webster] |
continuance
(wn) | continuance
n 1: the act of continuing an activity without interruption
[syn: continuance, continuation] [ant:
discontinuance, discontinuation]
2: the period of time during which something continues [syn:
duration, continuance]
3: the property of enduring or continuing in time [syn:
duration, continuance] |
CONTINUANCE
(bouvier) | CONTINUANCE, practice. The adjournment of a cause from one day to another is
called a continuance, an entry of which is made upon the record.
2. If these continuances are omitted, the cause is thereby
discontinued, and the defendant is discharged sine die, (q.v.) without a
day, for this term. By his appearance he has obeyed the command of the writ,
and, unless he be adjourned over to a certain day, he is no longer bound to
attend upon that summons. 3 Bl. Com. 316.
3. Continuances may, however, be entered at any time, and if not
entered, the want of them is aided or cured by the appearance of the
parties; and Is a discontinuance can never be objected to pendente placito,
so after the judgment it is cured by the statute of jeofails[?]. Tidd's Pr.
628, 835.
4. Before the declaration the continuance is by dies datus prece
partium; after the declaration and before issue joined, by imparlance; after
issue joined and before verdict, by vicecomes non misit breve; and after
verdict or demurrer by curia advisare vult. 1 Chit. Pl. 421, n. (p); see
Vin. Abr. 454; Bac. Abr. Pleas, &c. P; Bac. Abr. Trial, H.; Com. Dig.
Pleader, V. See, as to the origin of continuances, Steph. Pl. 31; 1 Ch. Pr.
778, 779.
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| | podobné slovo | definícia |
continuance
(mass) | continuance
- pokračovanie, trvanie |
continuance
(encz) | continuance,pokračování n: Zdeněk Brožcontinuance,trvání n: Zdeněk Brož |
discontinuance
(encz) | discontinuance,přerušení n: Zdeněk Brož |
Discontinuance
(gcide) | 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] |
Miscontinuance
(gcide) | Miscontinuance \Mis`con*tin"u*ance\, n. (Law)
Discontinuance; also, continuance by undue process.
[1913 Webster] |
Recontinuance
(gcide) | Recontinuance \Re`con*tin"u*ance\ (-t?n"?*?ns), n.
The act or state of recontinuing.
[1913 Webster] |
continuance
(wn) | continuance
n 1: the act of continuing an activity without interruption
[syn: continuance, continuation] [ant:
discontinuance, discontinuation]
2: the period of time during which something continues [syn:
duration, continuance]
3: the property of enduring or continuing in time [syn:
duration, continuance] |
discontinuance
(wn) | discontinuance
n 1: the act of discontinuing or breaking off; an interruption
(temporary or permanent) [syn: discontinuance,
discontinuation] [ant: continuance, continuation] |
CONTINUANCE
(bouvier) | CONTINUANCE, practice. The adjournment of a cause from one day to another is
called a continuance, an entry of which is made upon the record.
2. If these continuances are omitted, the cause is thereby
discontinued, and the defendant is discharged sine die, (q.v.) without a
day, for this term. By his appearance he has obeyed the command of the writ,
and, unless he be adjourned over to a certain day, he is no longer bound to
attend upon that summons. 3 Bl. Com. 316.
3. Continuances may, however, be entered at any time, and if not
entered, the want of them is aided or cured by the appearance of the
parties; and Is a discontinuance can never be objected to pendente placito,
so after the judgment it is cured by the statute of jeofails[?]. Tidd's Pr.
628, 835.
4. Before the declaration the continuance is by dies datus prece
partium; after the declaration and before issue joined, by imparlance; after
issue joined and before verdict, by vicecomes non misit breve; and after
verdict or demurrer by curia advisare vult. 1 Chit. Pl. 421, n. (p); see
Vin. Abr. 454; Bac. Abr. Pleas, &c. P; Bac. Abr. Trial, H.; Com. Dig.
Pleader, V. See, as to the origin of continuances, Steph. Pl. 31; 1 Ch. Pr.
778, 779.
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DISCONTINUANCE
(bouvier) | 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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MISCONTINUANCE
(bouvier) | MISCONTINUANCE, practice. By this term is understood a continuance of a suit
by undue process. Its effect is the same as a discontinuance. (q.v.) 2
Hawk. 299; Kitch. 231; Jenk. Cent. 57.
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PUIS DARREIN CONTINUANCE
(bouvier) | PUIS DARREIN CONTINUANCE, pleading. These old French words signify since the
last continuance.
2. Formerly there were formal adjournments or continuances of the
proceedings in a suit, for certain purposes, from one term to another; and
during the interval the parties were of course out of court. When any matter
arose which was a ground of defence, since the last continuance, the
defendant was allowed to plead it, which allowance was an exception to the
general rule that the defendant can plead but one plea of one kind or class.
3. By the modern practice the parties are, from the day when, by the
ancient practice, a continuance would have been entered, supposed to be out
of court, and the pleading is suspended till the day arrives to which, by
the ancient practice, the continuance would extend; at that day, the
defendant is entitled, if any new matter of defence has arisen in the
interval, to plead it, according to the ancient plan puis darrein
continuance, before the next continuance.
4. Pleas of this kind may be either in abatement or in bar; and may be
pleaded, even after an issue joined, either in fact or in law, if the new
matter has arisen after the issue was joined, and is pleaded before the next
adjournment. Gould on Pl. c. 6, Sec. 123-126; Steph. Pl. 81, 398; Lawes on
Pl. 173; 1 Chit. Pl. 637; 5 Peters, Rep. 232; 3 Bl. Com. 316; Arch. Civ, Pl.
353; Bac. Ab. Pleas, Q; 4 Mass. 659; 4 S. & R. 238; 1 Bailey, 369; 4 Verm.
545; 11 John. 4; 24; 1 S. & R. 310; 3 Bouv. Inst. n. 3014-18.
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