calling the plaintiff

calling the plaintiff
An old and abandoned procedure followed in a strategem by a losing plaintiff to avoid an adjudication. Blackstone has stated that before a verdict is delivered by the jury, if the plaintiff is not present or represented by counsel, it is the common-law practice for the crier to call the plaintiff, after which the plaintiff is nonsuited if he or his counsel stay away. The plaintiff adopts this course if it appears that the verdict will be against him, in order to avoid an adverse verdict which would be a bar to a renewal of the same litigation, while a nonsuit would not be such a bar. See 3 Bl Comm 376.

Ballentine's law dictionary. . 1998.

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