† miscontinuancen.
Law. Obsolete.
1. Continuance by unlawful process.
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1540 Act 32 Hen. VIII c. 30 Any myscontynuance or discontinuance or mysconveing of process.
1628 E. Coke 1st Pt. Inst. Lawes Eng. 325 There is..a Discontinuance of Processe consisting in not doing, where the Processe is not continued... There is another erronious proceeding and that consisteth in misdoing, as when one Processe is awarded in stead of another, or when a day is giuen which is not legall, this is called a miscontinuance and if the Tenant or Defendant make default it is error, but if he appeare, then the miscontinuance is salued, otherwise it is of a Discontinuance.
1734 in tr. D. Jenkins Eight Cent. of Rep. ii. v. 57 A Miscontinuance is where the Continuance is made by undue Process; a Discontinuance is where no Continuance is made at all.
2. = discontinuance n. 2b. rare.Apparently only as an error in some early law dictionaries.Apparently only attested in dictionaries or glossaries.
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society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > [noun] > a lawsuit > interruption or postponement of suit
continuance1425
discontinuance1489
miscontinuance1607
1607 J. Cowell Interpreter sig. Xx2v/1 Miscontinuance, Kitchin fol. 231 [error for 331]. See Discontinuance [ed. 1672 adds Is the same with Discontinuance].
This entry has been updated (OED Third Edition, June 2002; most recently modified version published online June 2021).
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n.1540