Legal Term: DISCONTINUANCE

Definition: 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, Lillys 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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