non suit

NON SUIT. The name of a judgment given against a plaintiff, when be is 
unable to prove his case, or when he refuses or neglects to proceed to the 
trial of a cause after it has been put at issue, without determining such 
issue. 
     2. It is either voluntary or involuntary. 
     3. A voluntary nonsuit is an abandonment of his cause by a plaintiff, 
and an agreement that a judgment for costs be entered against him. 
     4. An involuntary nonsuit takes place when the 'Plaintiff on being 
called, when his case is before the court for trial, neglects to appear, or 
when he has given no evidence upon which a jury could find a verdict. 13 
John. R. 334.  
     5. The courts of the United States; 1 Pet. S. C. R. 469, 476; those of 
Pennsylvania; 1 S. & R. 360; 2 Binn. R. 234, 248; 4 Binn. R. 84; 
Massachusetts; 6 Pick. R. 117; Tennessee; 2 Overton, R. 57; 4 Yerg. R. 528; 
and Virginia; 1 Wash. R. 87, 219 cannot order a nonsuit against a plaintiff 
who has given evidence of his claim. In Alabama, unless authorized by 
statute, the court cannot order a nonsuit. Minor, R. 75; 3 Stew. R. 42. 
     6. In New York; 13 John. R 334; 1 Wend. R. 376; 12 John. R. 299; South 
Carolina; 2 Bay, R. 126, 445; 2 Bailey, R. 321; 2 McCord, R. 26; and Maine; 
2 Greenl. R. 5; 3 Greenl. R. 97; a nonsuit may in general be ordered where 
the evidence is insufficient to support the action. Vide article Judgment of 
Nonsuit, and Grah. Pr. 269; 3 Chit. Pr. 910; 1 Sell. Pr. 463; 1 Arch. Pr. 
787; Bac. Ab. h.t.; 15 Vin.  Ab. 560.