Nonsuit
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
The name of a judgment given against a plaintiff, when he is unable to prove his case, or when he refuses or neglects to proceed to trial of a cause after it has been put at issue, without determining such issue. It is either voluntary or involuntary. A voluntary nonsuit is an abandonment of his cause by a plaintiff, and an agreement that a judgment for costs be entered against him. An involuntary nonsuit takes place when the plaintiff on being called, when his case is before the court for trial, neglects to appear, or when he has given no evidence upon which a jury could find a verdict.
13 John. R. 334.
In Pennsylvania the court cannot order a nonsuit against the consent of the plaintiff, who has given evidence in support of his claim.
1 Serg. & Rawle, 360; 2 Binn. 234; 4 Binn. 84. Vide article Judgment of nonsuit, and Grah. Pr. 269; 3 Chit. Pr. 910; 1 Sell. Pr. 463; 1 Arch. Pr. 787; 5 Bac. Ab. 140; 15 Vin. Ab., 560.