Nonsuit [non est prosecutus, Lat.]. The judge orders a nonsuit when the plaintiff fails to make out a legal cause of action or fails to support his pleadings by any evidence; whether the evidence which he gives can be considered any evidence at all of a cause of action is a question of law for the judge. By the former practice a plaintiff after a nonsuit might, on paying all costs, recommence his action; by the Rules of 1875 any judgment of nonsuit, unless the court or a judge should otherwise direct, had the same effect as judgment upon the merits for the defendant (English) Jud. Act, 1875, Ord. XLI., r. 6]; but this rule has been rescinded, and it is not reproduced. A plaintiff cannot now elect to be nonsuited, and if he offers no evidence it is the duty of the court to direct the jury to find a verdict for the defendant, and the usual consequences of such verdict will follow, Fox v. Star Newspaper Co., 1900 AC 19; but a judge cannot order a nonsuit on plaintiff's opening without the consent of his counsel, see Fletcher v. L.&N.W.R. Co., (1892) 1 QB 122; and R.S.C. Ord. XXVI., r. 1. See TRIAL.
View Judgments Citing this Phrase View Acts Citing this Phrase