20170703

CONTINUANCE

    3.7.17  

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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