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 taken from the jury. 53 Am J1st Tr §§ 304 et seq. A judgment given against the plaintiff on motion made by the defendant, such motion being in the nature of a demurrer to the plaintiff's evidence, whereby the defendant admits all that the plaintiff has proved to be true, but contends that in law this proof is nevertheless insufficient to entitle the plaintiff to a recovery. 24 Am J2d Dism § 4; 53 Am J1st Tr § 307. A judgment entered by the court when the plaintiff, being called, refuses to appear at the time when the jury is to deliver its verdict, or where the court decides that the plaintiff has given no evidence upon which a jury could find a verdict in his favor. Sandoval v Rosser, 86 Tex 682, 686, 26 SW 933. A judgment given against the plaintiff when he is unable to prove a case, or when he refuses or neglects to proceed to the trial of the cause after it has been put at issue. Deeley v Heintz, 169 NY 129, 132, 62 NE 158. For the purposes of the statute of limitations, a dismissal compelled by the court. 34 Am J1st Lim Ac § 282. As used in a statute providing that when the plaintiff shall suffer a nonsuit, he may bring a new action within a prescribed time thereafter, it is generally held that the "nonsuit" need not be a technical one, and that the statute applies to a dismissal. The following have been held to be nonsuits within such a provision: a dismissal as to one of several defendants; a dismissal for failure to pay costs; a refusal to set aside an involuntary nonsuit and entry of judgment for the defendant; and, by some authority, the sustaining of a plea in abatement, and a voluntary dismissal by the plaintiff. The following, however, have been held not to be nonsuits within such a provision: the sustaining of a demurrer to a declaration, the exclusion of an item of account by a referee, and a judgment in bar of a claim, where the plaintiff has not pursued the proper remedy. 34 Am J1st Lim Ac § 282. See voluntary nonsuit.