ABANDONMENT OF AN ACTION

This article appears in Volume V01, Page 7 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: A10-ADA

ABANDONMENT OF AN ACTION iS the discontinuance of proceedings commenced in the High

Court

COURT
COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the
influence
- INFLUENCE (Late Lat. influentia, from influere, to flow in)
of the Lat. curia, the word used in
medieval
- MEDIEVAL
documents to translate " court " in the feudal sense)
COURT, ANTOINE (1696-176o)

Justice

JUSTICE (Lat. justitia)

either because the

plaintiff

PLAINTIFF

is convinced that he will not succeed in his action or for other reasons. Previous to the Judicature Act of 1875, considerable

latitude

LATITUDE (Lat. latitudo, latus, broad)

was allowed as to the

time

TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the
root
- ROOT (late O.E. rot, adopted from Scand., cf. Norw. and Swed. rot, Dan. rod; the true O.E. word was wyrt, plant, represented in Ger. Wurz or Wurzel; the ultimate root is the same in both words, and is seen in Lat. radix)
- ROOT, ELIHU (1845– )
also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
TIME, MEASUREMENT OF
TIME, STANDARD

when a suitor might abandon his action, and yet preserve his right to bring another action on the same suit (see

NoNSUIT

NONSUIT (Fr. non suit, he does not pursue)

) ; but since 1875 this right has been considerably curtailed, and a

plaintiff

PLAINTIFF

who
6 3 0 2 7 1 5 4 0 8
has delivered his reply (see PLEADING), and afterwards wishes to abandon his action, can generally obtain leave so to do only on

condition

CONDITION (Lat. condicio, from condicere, to agree upon, arrange; not connected with conditio, from condere, conditum, to put together)

of bringing no further proceedings in the matter.

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