Word:

Continuando

CONTINUANDO, plead. The Dame of an averment sometimes contained in a declaration in trespass, that the injury or trespass has been continued. For example, if Paul turns up the ground of Peter and tramples upon his grass, for three days together, and Peter desires to recover damages, as well for the subsequent acts of treading down the grass and subverting the soil, as for the first, he must complain of such subsequent trespasses in his actions brought to compensate the former. This he may do by averring that Paul, on such a day, trampled upon the herbage and turned up the ground, "continuing the said trespasses for three days following." This averment seems to impart a continuation of the same identical act of trespass; it has, however, received, by continued usage, another interpretation, and is taken, also, to denote a repetition of the same kind of injury. When the trespass is not of the same kind, it cannot be averred in a continuando; for example, when the injury consists in killing and carrying away an animal, there remains nothing to which a similar injury may again be offered. 1 Wms. Saund. 24, n. 1.
     2. There is a difference between he continuando and the averment diversis diebus et temporibus, on divers days and times. In the former, the injuries complained of have been committed upon one and the same occasion; in the latter, the acts complained of, though of the same kind, are distinct and unconnected, See Gould, Pl. ch. 3, Sec. 86, et seq.; Ham. N. P. 90, 91 Bac. A. Trespass, I 2, n. 2.

Browse
Contingent
Contingent damages
Contingent estate
contingent on
contingent probability
Contingent remainder
Contingent use
Contingently
Contingentness
Continous spectrum
Continuable
Continual
Continual claim
Continual proportionals
Continually
Continuance
-- Continuando --
Continuant
continuant consonant
Continuate
Continuation
Continuation Passing Style
continuations
Continuative
Continuator
Continue
Continued
Continued bass
Continued fever
continued fraction
Continued proportion
Continuedly
Continuer
Definitions Index: # A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

About this site and copyright information - Online Dictionary Home - Privacy Policy