Nonsuit

A failure to follow up a cause; a relinquishment of a cause by the plaintiff at the trial, either voluntary or by the order of the court; an order at the trial, compelling the plaintiff to abandon the further prosecution of the action. A nonsuit is voluntary where the plaintiff, discovering some error or defect which cannot be remedied, or finding that his evidence is not suf Scient to maintain his case, absents himself, or fails to answer when called to hear the verdict It is compulsory where it is ordered by the court on the ground of the insufl Sciency of the cause of action, or of the evidence, or the like.