| 释义 |
▪ I. nonsuit, n. Law.|ˈnɒnsjuːt|
[a. AF. no(u)n-sute: see non- 1 and suit n.]
In early use, the cessation of a suit resulting from the voluntary withdrawal of the plaintiff; in modern use, the stoppage of a suit by the judge, when, in his opinion, the plaintiff fails to make out a legal cause of action or to bring sufficient evidence. (See also quot. 1884.) † Also fig.
c1380Wyclif Wks. (1880) 410 But ech prest may liȝtly þus sue crist ȝif he lette not hym silf, & þus synne excusiþ hym not þat he synne not in þis noun suyt. 1488Rolls of Parlt. VI. 417/2 The said discontinuance, or any Nonsuyt of or in the said Atteint. 1566Painter Pal. Pleas. (1569) I. 42 Menalippus ouer came him in law. and the noble men which were the frends of Phalaris, would giue no sentence, but brought the matter to a nonesuite. 1606–7Act 4 Jas. I, c. 3 (title), An Act to give Costes to the Defendant uppon a Nonsuite of the Plaintiffe. 1632Star Chamber Cases (Camden) 128 The Kinges Bench afterwardes discharged the costes upon the nonsuit. 1741Act 14 Geo. II, c. 17 §1 That all Judgments given by virtue of this Act shall be of the like Force and Effect as Judgments upon Nonsuit. 1768[see non-prosequitur]. 1803Syd. Smith Wks. (1859) I. 50/1 A proof of non-residence might be made to operate as a nonsuit in an action for tithes. 1883Law Rep. 11 Q.B. Div. 591 Watkin Williams, J., was of opinion that the words above mentioned were privileged..and directed a nonsuit. 1884Encycl. Brit. XVII. 534/2 s.v., The matter now is of no great importance, for, 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.
▪ II. † ˈnonsuit, a. Law. Obs.
[app. intended as a pa. ppl. form on the analogy of words like execute. AF. had nounsuy.]
Subjected to a nonsuit; nonsuited.
c1476Plumpton Corr. (Camden) 35 Ailmer wife was like to have bene non suit in her appeale. 1531–2Act 23 Hen. VIII, c. 2 §4 The same partie so nonsuite or so discontynueng the said Atteynt. 1594West 2nd Pt. Symbol. §43 When one hath bin nonsuit he may begin againe. 1660C. Bonde Scut. Reg. 58 The King in a manner is every⁓where... And therefore it is that he cannot be non-sute. 1720Lond. Gaz. No. 5868/5 The Officers become Non⁓suit. 1768Blackstone Comm. III. 376 If the plaintiff does not appear, no verdict can be given, but the plaintiff is said to be nonsuit, non sequitur clamorem suum. 1817Selwyn Law Nisi Prius (ed. 4) II. 857 In case the plaintiff become nonsuit, or discontinue his action.
fig.1581Mulcaster Positions xxxviii. (1888) 174 They will rather retire for shame and proue to be nonsuite, then confesse themselues faulty. 1589Warner Alb. England vi. xxxi. (1612) 155 Better at first be Non-sute, than at length not to subdue.
†b. transf. Of a project: Interrupted, balked.
1679‘Tom Ticklefoot’ Obs. Trials of Wakeman, etc. 8 The Plot is Non-suit, Semel insanivimus omnes.
▪ III. ˈnonsuit, v.
[f. nonsuit n. or a.]
Law. trans. To subject to a nonsuit.
1531–2Act 23 Hen. VIII, c. 15 (title), An Acte that the Defendaunt shall recover Costes ageinste the Pleyntif, if the Pleyntif be nonsuited, or if the verdicte passe ageinste him. 1593Nashe Christ's T. 51 b, If hee haue but a quarter of an enemy in the Court, it [sc. his suit] is casheird and non suted. 1606–7Act 4 Jas. I, c. 3 Cases where the Plaintiff..should become Nonsuited. 1709Steele Tatler No. 39 ⁋4 The University has been Nonsuited in their Action against the Booksellers for printing Clarendon in Quarto. 1768Blackstone Comm. III. xx. 295 Formerly they [sc. common pledges] were of use to answer to the king for the amercement of the plaintiff, in case he were non⁓suited. 1818Cruise Digest (ed. 2) IV. 304 Ld. Ch. Just. de Grey thought such parol evidence inadmissible, and nonsuited the plaintiff.
absol.1818Byron Juan i. clxxxix, The pleadings Of counsel to nonsuit, or to annul.
†b. transf. and fig. (sometimes with a pun).
1604Shakes. Oth. i. i. 16 But he..Euades them, with a bumbast Circumstance..; Non-suites my Mediators. 1608Topsell Serpents 99 Lest..he [sc. a lover] should turne Crauen..or else be vtterly non-suited. a1652Brome Covent Garden ii. i, [A tailor says:] I can do no lesse then take you by default and non-suit you. 1714Mandeville Fable Bees (1725) I. 317 Your sly sinners that..hope that it will expiate their guilt, and Satan be nonsuited by it at a small expence.
Hence ˈnon-suiting vbl. n.
1662Hibbert Body Divinity i. 92 They are sure of..the non-suting of all actions and accusations. |