nonsuit

nonsuit
A method of taking the case from the jury for the insufficiency of the plaintiff's proof. 53 Am J1st Tr § 304. A determination that the evidence of the plaintiff is insufficient to support a judgment in his favor, wherefore the case should be taken from the jury. 53 Am J1st Tr §§ 304 et seq. A judgment given against the plaintiff on motion made by the defendant, such motion being in the nature of a demurrer to the plaintiff's evidence, whereby the defendant admits all that the plaintiff has proved to be true, but contends that in law this proof is nevertheless insufficient to entitle the plaintiff to a recovery. 24 Am J2d Dism § 4; 53 Am J1st Tr § 307. A judgment entered by the court when the plaintiff, being called, refuses to appear at the time when the jury is to deliver its verdict, or where the court decides that the plaintiff has given no evidence upon which a jury could find a verdict in his favor. Sandoval v Rosser, 86 Tex 682, 686, 26 SW 933. A judgment given against the plaintiff when he is unable to prove a case, or when he refuses or neglects to proceed to the trial of the cause after it has been put at issue. Deeley v Heintz, 169 NY 129, 132, 62 NE 158. For the purposes of the statute of limitations, a dismissal compelled by the court. 34 Am J1st Lim Ac § 282. As used in a statute providing that when the plaintiff shall suffer a nonsuit, he may bring a new action within a prescribed time thereafter, it is generally held that the "nonsuit" need not be a technical one, and that the statute applies to a dismissal. The following have been held to be nonsuits within such a provision: a dismissal as to one of several defendants; a dismissal for failure to pay costs; a refusal to set aside an involuntary nonsuit and entry of judgment for the defendant; and, by some authority, the sustaining of a plea in abatement, and a voluntary dismissal by the plaintiff. The following, however, have been held not to be nonsuits within such a provision: the sustaining of a demurrer to a declaration, the exclusion of an item of account by a referee, and a judgment in bar of a claim, where the plaintiff has not pursued the proper remedy. 34 Am J1st Lim Ac § 282. See voluntary nonsuit.

Ballentine's law dictionary. . 1998.

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  • nonsuit — non·suit /ˌnän süt/ n: a judgment entered against a plaintiff for failure to prosecute a case or inability to establish a prima facie case: dismissal nonsuit vt Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Nonsuit — Non suit , n. (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… …   The Collaborative International Dictionary of English

  • nonsuit — [nän′so͞ot′] n. [ME noun suyt < Anglo Fr nonsute: see NON & SUIT] Law 1. a judgment against a plaintiff for failing to proceed to trial, to establish a valid case, or to produce adequate evidence 2. the ending of a lawsuit by the voluntary… …   English World dictionary

  • Nonsuit — Non suit , v. t. [imp. & p. p. {Nonsuited}; p. pr. & vb. n. {Nonsuiting}.] (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… …   The Collaborative International Dictionary of English

  • Nonsuit — Non suit , a. Nonsuited. D. A. Tyng. [1913 Webster] …   The Collaborative International Dictionary of English

  • nonsuit — A term broadly applied to a variety of terminations of an action which do not adjudicate issues on the merits. McColgan v. Jones, Hubbard & Donnell, 11 Cal.2d 243, 78 P.2d 1010, 1011. Name of a judgment given against the plaintiff when he is… …   Black's law dictionary

  • nonsuit — A term broadly applied to a variety of terminations of an action which do not adjudicate issues on the merits. McColgan v. Jones, Hubbard & Donnell, 11 Cal.2d 243, 78 P.2d 1010, 1011. Name of a judgment given against the plaintiff when he is… …   Black's law dictionary

  • nonsuit — noun Etymology: Middle English, from Anglo French nounsuyte, from noun non + siute pursuit, legal suit more at suit Date: 14th century a judgment against a plaintiff for failure to prosecute a case or inability to establish a prima facie case •… …   New Collegiate Dictionary

  • nonsuit — /non sooht /, Law. n. 1. a judgment given against a plaintiff who neglects to prosecute, or who fails to show a legal cause of action or to bring sufficient evidence. v.t. 2. to subject to a nonsuit. [1350 1400; NON + SUIT; r. ME nounsuyt < AF… …   Universalium

  • nonsuit — non•suit [[t]nɒnˈsut[/t]] Law. 1) law a judgment against a plaintiff who fails to prosecute a case or provides insufficient evidence 2) law to subject to a nonsuit • Etymology: 1350–1400; < AF nounsute; see suit …   From formal English to slang

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