Severance

Severance in United States

Severance Definition

The separation of a part of a thing from another; for example, the separation of machinery from a mill is a severance, and in that case the machinery, which, while annexed to the mill, was real estate, becomes by the severance personalty, unless such severance be merely temporary. 8 Wend. (N. Y.) 587. In Pleading. When an action Is brought in the name of several plaintiffs, in which the plaintiffs must of necessity join, and one or more of the persons so named do not appear, or make default after appearance, the other may have judgment of severance, or, as is technically called, judgment ad sequendum solum. But in personal actions, with the exception of those by executors, and of detinue for charters, there can be no summons arid severance. Co. Litt. 139. After severance, the party severed can never be mentioned in the suit, nor derive any advantage from it. When there are several defendants, each of them may use such plea as he may think proper for his own defense; and they may join in the same plea, or sever, at their discretion (Co. Litt. 303a), except, perhaps, in the case of dilatory pleas (Hob. ‘ 245, 250). But when the defendants have once united in the plea, they cannot afterwards sever at the rejoinder, or other later stage of the pleading. See, generally, Brooke, Abr. “Summ. and Sev.”; 2 RoUe, 488; Archb. Civ. PI. 59. Of Estates. The destruction of any one of the unities of a joint tenancy. It is so called because the estate is no longer a joint tenancy, but is severed. A severance may be effected in various ways, namely: By partition, which. is either voluntary or compulsory; by alienation of one of the joint tenants, which turns the estate into a tenancy in common; by the purchase or descent of all the shares of the joint tenants, so that the whole estate becomes vested in one only. Comyn, Dig. “Estates by Grant” (K 5) ; 1 Bin. (Pa.) 175.

Severance in Foreign Legal Encyclopedias

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Severance Severance in the World Legal Encyclopedia.
Severance Severance in the European Legal Encyclopedia.
Severance Severance in the Asian Legal Encyclopedia.
Severance Severance in the UK Legal Encyclopedia.
Severance Severance in the Australian Legal Encyclopedia.

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Severance Severance in the Family Law Portal of the American Encyclopedia of Law.
Severance Severance in the IP Portal of the American Encyclopedia of Law.
Severance Severance in the Commercial Law Portal of the American Encyclopedia of Law.
Severance Severance in the Criminal Law Portal of the American Encyclopedia of Law.
Severance Severance in the Antritrust Portal of the American Encyclopedia of Law.
Severance Severance in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Severance Severance in the Constitutional Law Portal of the American Encyclopedia of Law.
Severance Severance in the Tax Law Portal of the American Encyclopedia of Law.
Severance Severance in the and Finance and Banking Portal of the American Encyclopedia of Law.
Severance Severance in the Employment and Labor Portal of the American Encyclopedia of Law.
Severance Severance in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Severance Severance in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

The separation of a part of a thing from another; for example, the separation of machinery from a mill is a severance, and in that case the machinery, which, while annexed to the mill, was real estate, becomes by the severance personalty, unless such severance be merely temporary. 8 Wend. (N. Y.) 587. In Pleading. When an action Is brought in the name of several plaintiffs, in which the plaintiffs must of necessity join, and one or more of the persons so named do not appear, or make default after appearance, the other may have judgment of severance, or, as is technically called, judgment ad sequendum solum. But in personal actions, with the exception of those by executors, and of detinue for charters, there can be no summons arid severance. Co. Litt. 139. After severance, the party severed can never be mentioned in the suit, nor derive any advantage from it. When there are several defendants, each of them may use such plea as he may think proper for his own defense; and they may join in the same plea, or sever, at their discretion (Co. Litt. 303a), except, perhaps, in the case of dilatory pleas (Hob. ‘ 245, 250). But when the defendants have once united in the plea, they cannot afterwards sever at the rejoinder, or other later stage of the pleading. See, generally, Brooke, Abr. “Summ. and Sev.”; 2 RoUe, 488; Archb. Civ. PI. 59. Of Estates. The destruction of any one of the unities of a joint tenancy. It is so called because the estate is no longer a joint tenancy, but is severed. A severance may be effected in various ways, namely: By partition, which. is either voluntary or compulsory; by alienation of one of the joint tenants, which turns the estate into a tenancy in common; by the purchase or descent of all the shares of the joint tenants, so that the whole estate becomes vested in one only. Comyn, Dig. “Estates by Grant” (K 5) ; 1 Bin. (Pa.) 175.

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This definition of Severance Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

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See Also

  • Legal Topics.
  • Further Reading (Articles)

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    ANOTHER SEVERANCE DEAL AT BELOIT CORP.(Business), The Wisconsin State Journal (Madison, WI); March 14, 2000

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    Coal severance taxes spread throughout state’s 55 counties, The State Journal; May 31, 1999; L, T

    Severance Tax Will Protect Pennsylvania Taxpayers., Politics & Government Week; May 14, 2009;

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    Changed Severance Policy Has Worker Shortchanged, The Washington Post; October 22, 2001; Kenneth Bredemeier

    Severance Pay Sometimes Comes With a Catch, The Washington Post; June 11, 2001; Kenneth Bredemeier

    Avoiding Severance Disasters, Directorship; October 1, 2005; Thompson, Mick L

    Severance Pay Packages Get Shorter, Leaner., Knight Ridder/Tribune Business News; February 19, 2003

    34 taking severance from city ; Package to help city cope with I-695 will see five department directors depart, The Spokesman-Review (Spokane, WA); January 1, 2000; Tracy Ellig Staff writer


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