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Nonsuit

Definitions

  • Webster's Revised Unabridged Dictionary
    • n Nonsuit (Law) A neglect or failure by the plaintiff to follow up his suit; a stopping of the suit; a renunciation or withdrawal of the cause by the plaintiff, either because he is satisfied that he can not support it, or upon the judge's expressing his opinion. A compulsory nonsuit is a nonsuit ordered by the court on the ground that the plaintiff on his own showing has not made out his case.
    • a Nonsuit Nonsuited.
    • v. t Nonsuit (Law) To determine, adjudge, or record (a plaintiff) as having dropped his suit, upon his withdrawal or failure to follow it up. "When two are joined in a writ, and one is nonsuited ."
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Century Dictionary and Cyclopedia
    • n nonsuit A judgment or decision against a plaintiff when he fails to show a cause of action at the trial: now often called dismissal of complaint. See calling of the plaintiff, under calling. The chief characteristic of this judgment is that it does not usually bar a new action on the same matter.
    • n nonsuit A judgment ordered for neglect to prosecute; a non pros.
    • nonsuit In law, to subject to a nonsuit; deprive of the benefit of a legal process, owing to failure to appear in court when called upon, or to prove a case.
    • nonsuit Nonsuited.
    • ***
Chambers's Twentieth Century Dictionary
    • n Nonsuit a legal term in England, which means that where a plaintiff in a jury trial finds he will lose his case, owing to some defect or accident, he is allowed to be nonsuited, instead of allowing a verdict and judgment to go for the defendant
    • ***

Usage

In literature:

The court set the verdict aside, and ordered a nonsuit.
"The Common Law" by Oliver Wendell Holmes, Jr.
Man is never nonsuited when he pleads his right to tears.
"The Man Who Laughs" by Victor Hugo
Plaintiffs neglecting to go to trial after an issue has been joined may be nonsuited.
"Our Legal Heritage, 5th Ed." by S. A. Reilly
You're nonsuited, old man.
"If Winter Comes" by A.S.M. Hutchinson
The plaintiff was nonsuited and no new trial was moved for.
"An Account of the Proceedings on the Trial of Susan B. Anthony" by Anonymous
He sued his successor and fellow New-Yorker, Engineer Wright, and was nonsuited.
"The Entailed Hat" by George Alfred Townsend
Here is the one true court where claims are recognized and shams nonsuited.
"Davenport Dunn, Volume 1 (of 2) A Man Of Our Day" by Charles James Lever
Ah, why was I so weak as to sign this nonsuit?
"Luxury-Gluttony:" by Eugène Sue
The Judge concurred, and nonsuited the plaintiff.
"Norfolk Annals A Chronological Record of Remarkable Events in the Nineteeth Century, Vol. 2" by Charles Mackie
If this is not the case, the accusation is nullified, and the accuser is nonsuited.
"The Student-Life of Germany" by William Howitt
The motion did not merit any consideration, as the federal court had no power to grant a nonsuit against the will of the plaintiff in any case.
"Monopolies and the People" by D. C. Cloud
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In poetry:

But alas! whan habit's rooted,
Few hae pith the root to pu';
Will's resolves were aye nonsuited,
Promis'd aye, but aye gat fou;
"Scotland's Scaith, Or, The History O' Will And Jean. Owre True A Tale. In Two Parts" by Hector MacNeill