voluntary nonsuit

voluntary nonsuit
A judgment given against the plaintiff when he fails to appear as required of him, or where he refuses or neglects to proceed to the trial of a case after it has been put in issue. 24 Am J2d Dism § 3. A nonsuit which is entered against a plaintiff when he throws up his case and consents to a judgment in favor of the defendant for costs. The plaintiff has the right to do this at any time before the jury retires, or if there is no jury, at any time before the decision is announced. See Sandoval v Rosser, 86 Tex 682, 686, 26 SW 933.

Ballentine's law dictionary. . 1998.

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  • 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 — 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

  • voluntary — Unconstrained by interference; unimpelled by another s influence; spontaneous; acting of oneself. Coker v. State, 199 Ga. 20, 33 S.E.2d 171, 174. Done by design or intention. Proceeding from the free and unrestrained will of the person. Produced… …   Black's law dictionary

  • 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 — 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 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

  • voluntary discontinuance — The dismissal of an action or the taking of a nonsuit by the plaintiff. 24 Am J2d Dism § 2 …   Ballentine's law dictionary

  • submission to nonsuit — The act of the plaintiff in taking a voluntary nonsuit. Hartquist v Tamiami Trail Tours, 139 Fla 328, 190 So 533, 79 ALR 688 …   Ballentine's law dictionary

  • Non-suit — Contents 1 United States 1.1 Virginia 2 United Kingdom 3 References United States In the United States, a voluntary nonsuit …   Wikipedia

  • trial — In common parlance, a test of one s physical or mental strength; a burden to be born; a test. In law, a judicial investigation and determination of the issues between the parties to an action. 53 Am J1st Trial § 2. An examination before a… …   Ballentine's law dictionary

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