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Encyclopedia Britannica



NONSUIT (Fr. non suit, he does not pursue)

This article appears in Volume V19, Page 738 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: NEW-NUM
NONSUIT (Fr. non suit, he does not pursue) , in law the name given to a judgment whereby an issue is determined against the plaintiff. It was a
term
 
peculiar
  to the
English
  common-law courts before the Judicature Acts, and was simply the expression of the
opinion
  of the
court
  that, apart from the merits, the plaintiff's
case
  was incomplete. It did not in any way act as a bar to his bringing another action for the same cause. It might be entered either at the wish of the plaintiff himself (to whom it was of course much more beneficial than judgment for the
defendant
 ) or by direction of the
court
  against the will of the plaintiff. Although judgment of
nonsuit
  still exists, it has, since the Judicature Acts, the same effect as a judgment on the merits, unless the court otherwise directs. This effect of a
nonsuit
  was specially provided for by the rules of the Supreme Court of 1895.


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