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Home » Law Dictionary » N » NONSUIT

NONSUIT

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

Not following up the cause; failure on the part of a plaintiff to continue the prosecution of his suit An abandonment or renunciation of his suit, by a plaintiff, either by omitting to take the next necessary steps, or voluntarily relinquishing the action, or pursuant to an order of the court. An order or judgment, granted upon the trial of a cause, that the plaintiff has abandoned, or shall abandon, the further prosecution of his suit. A voluntary nonsuit is one incurred by the plaintiff’s own act or omission, and is a judgment entered against him as a consequence of his abandoning or not following up his cause, or being absent when his presence is required. An involuntary nonsuit is one which takes place when the plaintiff fails to appear when his case is before the court for trial or at the time when the jury are to deliver their verdict, or when he has given no evidence on which a jury may find a verdict, or when
his case is put out of court by some adverse ruling which precludes a recovery A peremptory nonsuit is a compulsory or involuntary nonsuit, ordered by the court upon a total failure of the plaintiff to substantiate his claim by evidence. Jacques v. Fourthman, 137 Pa. 428, 20 Atl. 802.

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