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Webster's 1828 Dictionary

Search the Webster's 1828 Dictionary

NON'SUIT, noun In law, the default, neglect or non-appearance of the plaintiff in a suit, when called in court, by which the plaintiff signifies his intention to drop the suit. Hence a nonsuit amounts to a stoppage of the suit. A nonsuit differs from a retraxit; a nonsuit is the default or neglect of the plaintiff, and after this he may bring another suit for the same cause; but a retraxit is an open positive renunciation of the suit, by which he forever loses his action. [See the Verb.]

NON'SUIT, verb transitive To determine or record that the plaintiff drops his suit, on default of appearance when called in court. When a plaintiff being called in court, declines to answer, or when he neglects to deliver his declaration, he is supposed to drop his suit; he is therefore nonsuited, that is, his non-appearance is entered on the record, and this entry amounts to a judgment of the court that the plaintiff has dropped the suit.

When two are joined in a writ, and one is nonsuited--

NON'SUIT, adjective Nonsuited.

The plaintiff must become nonsuit

Word #:
36309
Vol 2 Word #:
3538
Mnemonics
Numeric Spelling:
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