Nonsuit

A renunciation or givmg up the suit by the plaintiff. This is usually done on his discovering some error or defect, or when he finds tliat his evidence is not sufiicient to maintain his case. The stage of the proceedings at which a plaintiff is nonsuited is usually just before the judge has summed up, but it may be done at any time before the jury have delivered their verdict. It is, however, entirely optional with the plaintiff whether he will submit to a nonsuit or not; he cannot be compelled to do so, but may insist on the case going to the jury, and take his chance of the verdict. In cases, however, where it is doubtbe nonsuited; because, after a nonsuit, he may commence another suit against the defendant for the same cause of action, which may be advisable, if he can come better prepared with evidence, or can otherwise repair the defect which was the cause of his failure; but, if a verdict is once given, and judgment follows, he is barred. Brown. A nonsuit is properly the voluntary act of the plaintiff in deserting his action; and the difference between a nonsuit and non pros. is, that in the former the plaintiff, being called upon in court to proceed, advisedly abandons the suit, because he sees it is likely to go against him; in the latter, he simply neglects to take the proper steps. A nonsuit may, however, be entered by the court above, on application made by the defendant, pursuant to leave reserved by the judge at the time of trial. And, since the judicature act, 1875, any judgment of nonsuit, unless the court or a judge otherwise directs, is to have the same effect as a judgment upon the merits for the defendant. Mozley Sf W.