Definitions
from The American Heritage® Dictionary of the English Language, 5th Edition.
- noun A judgment against a plaintiff for failure to present enough evidence for a jury to decide in the plaintiff's favor, or for failure to pursue a lawsuit, such as by proceeding to trial.
- noun A dismissal of a lawsuit because the plaintiff has failed to pursue it.
- transitive verb To render a judgment of nonsuit against (a plaintiff).
from The Century Dictionary.
- Nonsuited.
- In law, to subject to a nonsuit; deprive of the benefit of a legal process, owing to failure to appear in court when called upon, or to prove a case.
- noun A judgment or decision against a plaintiff when he fails to show a cause of action at the trial: now often called
dismissal of complaint . Seecalling of the plaintiff , under calling. - noun A judgment ordered for neglect to prosecute; a non pros.
from the GNU version of the Collaborative International Dictionary of English.
- adjective Nonsuited.
- transitive verb (Law) To determine, adjudge, or record (a plaintiff) as having dropped his suit, upon his withdrawal or failure to follow it up.
- noun (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 expressing his opinion. A compulsory nonsuit is a nonsuit ordered by the court on the ground that the plaintiff on his own showing has not made out his case.
from Wiktionary, Creative Commons Attribution/Share-Alike License.
- noun law A
lawsuit that isdismissed as having been brought without cause, prior to anadjudication on themerits . - verb law, transitive To
dismiss (aplaintiff ) on the grounds of his or herlawsuit having been brought without cause, prior to anadjudication on themerits .
Etymologies
from The American Heritage® Dictionary of the English Language, 4th Edition
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Examples
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Toler's reason for it was that he was too _constitutional_ to interfere with a jury, Be that as it may, a nonsuit was a nonentity, 'I hope, my Lord,' said counsel in a case actually commanding one, 'your Lordship will, for once, have the courage to nonsuit?
The International Monthly, Volume 2, No. 4, March, 1851 Various
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Eminağaoğlu's criminal complaint on the matter was denied by the Ankara Chief Public Prosecutor's Office by the "nonsuit" decision as there was "no need for an investigation against civil servants," according to the office.
Hurriyet Dailynews Ankara: Radikal 2009
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The Sincan High Criminal Court has revoked the "nonsuit" decision of the Ankara Chief Public Prosecutor's Office on the matter.
Hurriyet Dailynews Ankara: Radikal 2009
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The Sincan High Criminal Court has revoked the "nonsuit" decision of the Ankara Chief Public Prosecutor's Office on the criminal complaint about the phones of Ömer Faruk Eminağaoğlu being tapped.
Hurriyet Dailynews Ankara: Radikal 2009
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The decision to nonsuit ends court jurisdiction over the children, but it does not necessarily end CPS oversight.
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The reasons to nonsuit have ranged from no evidence of abuse to their parents taking adequate steps to protect them.
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Presently she added, O my lord Nur al-Din, an thou desire to nonsuit separation, be on thy guard against a swart-visaged oldster, blind of the right eye and lame of the left leg; for he it is who will be the cause of our severance.
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Nor is any licenced person to credit more than twenty shillings, under forfeiture of debt; nor to sue soldiers, seamen, servants, or prisoners, under the penalty of nonsuit and treble charges.
The Present Picture of New South Wales (1811) David Dickinson Mann
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He had just decided, in a previous case, that a corporation was not liable for the wrongful acts of its agent or servant, and when Mr. Arthur handed him the pleadings, he said that the railroad company was not liable, and was about to order a nonsuit.
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In cases of nonsuit, and also when no cause of action is found, judgment is rendered against the plantiff for the costs.
yarb commented on the word nonsuit
But, said I, how do you know that your fifteen hundred ducats were faithfully paid into his hands? Unquestionably they were! exclaimed Don Raphael; I would answer for the disinterested purity of that ecclesiastic as soon as for my own. I would be your collateral security, said Lamela; he is a priest of the strictest sanctity, a sort of universal almoner; and though many times cited for sums of money, deposited with him for charitable uses, he has always nonsuited the plaintiff and gone out of court with an augmentation of alms-giving notoriety.
- Lesage, The Adventures of Gil Blas of Santillane, tr. Smollett, bk 10 ch. 6
October 9, 2008
yarb commented on the word nonsuit
"In short, the attorney was nonsuited..."
— Smollett, Peregrine Pickle, 1751
January 15, 2022