continuando

continuando
In trespasses of a permanent nature, where the injury is continually renewed-as by spoiling or consuming the herbage with the defendant's cattle, -the declaration may allege the injury to have been committed by continuation from one given day to another-which is called laying the action with a "continuando" and the plaintiff shall not be compelled to bring separate actions for every day's separate offense. But where the trespass is by one or several acts, each of which terminates in itself, and being once done cannot be done again, it cannot be laid with a "continuando;" yet if there be repeated acts of trespass committed, as cutting down a certain number of trees, they may be said to be done, not continually, but at divers days and times within a given period. 3 Bl Comm 212.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • Continuando — In old English law, continuando was a term used where a plaintiff would recover damages for several trespasses in the same action. For, to avoid multiplicity of suits, an individual might in one action of trespass recover damages for forty or… …   Wikipedia

  • continuando — /kantinyuwaendow/ In old pleading, a form of allegation in which the trespass, criminal offense, or other wrongful act complained of is charged to have been committed on a specified day and to have continued to the present time, or is averred to… …   Black's law dictionary

  • continuando — /kantinyuwaendow/ In old pleading, a form of allegation in which the trespass, criminal offense, or other wrongful act complained of is charged to have been committed on a specified day and to have continued to the present time, or is averred to… …   Black's law dictionary

  • continuando assisam — See de continuando assisam …   Ballentine's law dictionary

  • continuando — …   Useful english dictionary

  • de continuando assisam — /diy kantinyuwaendow asayzam/ Writ to continue an assise …   Black's law dictionary

  • de continuando assisam — /diy kantinyuwaendow asayzam/ Writ to continue an assise …   Black's law dictionary

  • processum continuando — /prasesam kantinyuwaendow/ In old English practice, a writ for the continuance of process after the death of the chief justice or other justices in the commission of oyer and terminer …   Black's law dictionary

  • de continuando assisam — A writ to continue the assize …   Ballentine's law dictionary

  • processum continuando — For continuing the process,–the name given to a writ which lay to keep process of the court alive and in force beyond the time of its normal life …   Ballentine's law dictionary

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