nonsuit

nonsuit
A term broadly applied to a variety of terminations of an action which do not adjudicate issues on the merits. McColgan v. Jones, Hubbard & Donnell, 11 Cal.2d 243, 78 P.2d 1010, 1011. Name of a judgment given against the plaintiff when he is unable to prove a case, or when he refuses or neglects to proceed to trial and leaves the issue undetermined. Type of judgment rendered against party in legal proceeding on his inability to maintain his cause in court, or when he is in default in prosecuting his suit or in complying with orders of court. Jaquith v. Revson, 159 Conn. 427, 270 A.2d 559, 561.
A plaintiff suffers a "non-suit" when a court order finally terminates the cause without prejudice. Gray v. Chrysler Corp., Mo.App., 715 S.W.2d 282, 285.
Action in form of a judgment taken against a plaintiff who has failed to appear to prosecute his action or failed to prove his case. Under civil rules practice, the applicable term is "dismissal". Fed.R. Civil P. 41.
- directed verdict
@ judgment of nonsuit
Judgment of nonsuit (i.e. "dismissal") is of two kinds,--voluntary and involuntary. When plaintiff abandons his case, and consents that judgment go against him for costs, it is voluntary. Fed.R. Civil P. 41(a).
But when he, being called, neglects to appear, or when he has given no evidence on which a jury could find a verdict, or when his case is put out of court by some adverse ruling precluding a recovery, it is involuntary. Rule 41(b).
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
@

Black's law dictionary. . 1990.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • nonsuit — non·suit /ˌnän süt/ n: a judgment entered against a plaintiff for failure to prosecute a case or inability to establish a prima facie case: dismissal nonsuit vt Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Nonsuit — Non suit , n. (Law) A neglect or failure by the plaintiff to follow up his suit; a stopping of the suit; a renunciation or withdrawal of the cause by the plaintiff, either because he is satisfied that he can not support it, or upon the judge s… …   The Collaborative International Dictionary of English

  • nonsuit — [nän′so͞ot′] n. [ME noun suyt < Anglo Fr nonsute: see NON & SUIT] Law 1. a judgment against a plaintiff for failing to proceed to trial, to establish a valid case, or to produce adequate evidence 2. the ending of a lawsuit by the voluntary… …   English World dictionary

  • Nonsuit — Non suit , v. t. [imp. & p. p. {Nonsuited}; p. pr. & vb. n. {Nonsuiting}.] (Law) To determine, adjudge, or record (a plaintiff) as having dropped his suit, upon his withdrawal or failure to follow it up. When two are joined in a writ, and one is… …   The Collaborative International Dictionary of English

  • Nonsuit — Non suit , a. Nonsuited. D. A. Tyng. [1913 Webster] …   The Collaborative International Dictionary of English

  • nonsuit — A term broadly applied to a variety of terminations of an action which do not adjudicate issues on the merits. McColgan v. Jones, Hubbard & Donnell, 11 Cal.2d 243, 78 P.2d 1010, 1011. Name of a judgment given against the plaintiff when he is… …   Black's law dictionary

  • nonsuit — A method of taking the case from the jury for the insufficiency of the plaintiff s proof. 53 Am J1st Tr § 304. A determination that the evidence of the plaintiff is insufficient to support a judgment in his favor, wherefore the case should be… …   Ballentine's law dictionary

  • nonsuit — noun Etymology: Middle English, from Anglo French nounsuyte, from noun non + siute pursuit, legal suit more at suit Date: 14th century a judgment against a plaintiff for failure to prosecute a case or inability to establish a prima facie case •… …   New Collegiate Dictionary

  • nonsuit — /non sooht /, Law. n. 1. a judgment given against a plaintiff who neglects to prosecute, or who fails to show a legal cause of action or to bring sufficient evidence. v.t. 2. to subject to a nonsuit. [1350 1400; NON + SUIT; r. ME nounsuyt < AF… …   Universalium

  • nonsuit — non•suit [[t]nɒnˈsut[/t]] Law. 1) law a judgment against a plaintiff who fails to prosecute a case or provides insufficient evidence 2) law to subject to a nonsuit • Etymology: 1350–1400; < AF nounsute; see suit …   From formal English to slang

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”