Discontinuance

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 rightfully transfer. Abolished in England in 1834; but prior thereto had already become obsolete.!" ' Parker & Whipple Co. v. Tale Lock Co., 123 U. S. 87 (1887), cases. ^ Hailes v. Albany Stove Co., 133 U. S. 682 (1887). » 1 Daniel, Ch. Pr. 706. < Story, Eq. PI. § 383. « Whiley v. Whiley, 93 E. C. L. •663 (1858). »Taft V. Northern Transportation Co., 56 N. H. 418 (1876), Gushing, C. J. ' Roundtree v. Key, 71 Ala.' 215 (1883), Jackson, C. J.; ib.

307. « [3 Bl. Com. 296.