Nonsuit
Legal Definition and Related Resources of Nonsuit
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Meanings, Synonyms, Etymology, Translations and More
Meaning 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.
Nonsuit Alternative Definition
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.
Synonyms of Nonsuit
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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This definition of Nonsuit is based on the The Cyclopedic Law Dictionary. This entry needs to be proofread.
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Nonsuit