NON'SUIT, n. 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, v.t. 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, a. Nonsuited.
The plaintiff must become nonsuit.
