Legal Definition and Related Resources of Nonsuit

In effect a judgment given against a party in a legal proceeding who is unable to prove his case, or who refuses or neglects to proceed to trial ; or when he is called upon to appear and fails to do so. In modern law, the term has been enlarged to apply to a trial where , though plaintiff is actually present , he chooses, in view of the state of his evidence , to submit to a voluntary dismissal instead of risking a verdict . Slocum v New York L. Ins. Co., 228 U.S. 364, 33 S. Ct. 523,57 L.Ed. 879. A renunciation of a suit by the plaintiff upon the discovery of some error or defect in his case, when the trial had so far proceeded that the jury is ready to deliver verdict. Dana v Gill, 28 Ky. 242.

A judgment given against the plaintiff when he is unable to prove his case, or, when he neglects or refuses to proceed to trial, judgment of nonsuit dismisses the action, but does not determine the issues. Voluntary nonsuit is an abandonment of his cause by the plaintiff either before the trial is commenced, or during the presentation of his case. Involuntary nonsuit is judgment of nonsuit ordered by the court where plaintiff fails to appear, or where he has given no evidence on which a verdict in his favor could be rendered.

noun

• defeat
• directed verdict
• failure to establish a cause of action
• failure to make a case
• failure to meet the burden of proof
• failure to present sufficient evidence
• hostile verdict
• insufficiency as a matter of law
• insufficient evidence
• judgment for the defendant as a matter of law
• termination of an action
• Associated Concepts: compulsory nonsuit
• discontinuance
• dismissal
• involuntary nonsuit
• motion for nonsuit
• voluntary nonsuit

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Nonsuit in Historical Law

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This definition of Nonsuit is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

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Nonsuit