nonsuitn.

Brit.

/nɒnˈsuːt/,

/nɒnˈsjuːt/, U.S.

/ˈnɑnˈs(j)ut/

Forms: see non- prefix and suit n.

Origin: Formed within English, by derivation; modelled on a French lexical item. Etymons: non- prefix, suit n.

Etymology: < non- prefix + suit n., after Anglo-Norman nounsuyte, nonsute. Compare post-classical Latin non secta (c1290, 1412 in British sources). N.E.D. (1907) gives the pronunciation as (nǫ·nsiūt) /ˈnɒnsjuːt/.

Law.

(a) The cessation of a suit as a result of the voluntary withdrawal of the plaintiff. Also figurative. Now U.S. (b) The stoppage of a suit by the judge when the plaintiff fails to make out a legal case or to bring sufficient evidence.In English law, nonsuit in the High Court was abolished in 1883. Cf. discontinuance n. 2b.

ΘΚΠ

society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > [noun] > a lawsuit > withdrawal or cessation of suit

withdraw1444

nonsuitc1450

retraxit1579

nonsuiting1596

withdraught1600

nonsuing1620

c1450 (c1405) Mum & Sothsegger (BL Add. 41666) (1936) 1595 (MED) For þough men pleede and poursuye and in þaire playntz falle And newe þaym aftre nonsuyte [read nonsuytes] nynetene hunthred, Withoute grovnde or guilte but forto gete a bribe, Yit shal þay haue no harme þough þay hurle euer.

1488 Rolls of Parl. VI. 417/2 The said discontinuance, or any Nonsuyt of or in the said Atteint.

a1500 (?c1378) J. Wyclif Eng. Wks. (1880) 410 (MED) 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.

1566 W. Painter Palace of Pleasure I. x. f. 26 Menalippus ouer came hym in lawe, and the noble men, whiche wer the frendes of Phalaris, would giue no sentence, & brought the same to a Nonesuite.

1606–7 Act 4 Jas. I c. 3 (title) An Act to give Costes to the Defendant uppon a Nonsuite of the Plaintiffe.

1632 in S. R. Gardiner Rep. Cases Star Chamber & High Comm. (1886) 128 The Kinges Bench afterwardes discharged the costes upon the nonsuit.

1679 T. D'Urfey Squire Oldsapp v. 65 The Intrigue had been setled, fixt, ratified and confirm'd, to order or declare a nonsuit as to matter of moment.

1741 Act 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 W. Blackstone Comm. Laws Eng. III. xx. 296 A nonsuit, or non prosequitur, is entered; and he is said to be nonpross'd.

1803 S. Smith Wks. (1859) I. 50/1 A proof of non-residence might be made to operate as a nonsuit in an action for tithes.

1817 S. T. Coleridge Zapolya iii. i. 84 What not a word in answer? A clear nonsuit!

1883 Law Rep.: Queen's Bench Div. 11 591 Watkin Williams, J., was of opinion that the words above mentioned were privileged..and directed a nonsuit.

1909 Amer. Jrnl. Internat. Law 3 1018 The contention of the plaintiff in this respect was denied by the trial court, which granted a judgment of nonsuit.

1958 Econ. Hist. Rev. 10 384 In case of a non-suit the Companies had to pay the costs.

1980 All Eng. Law Rep. 3 73 The following day the action in the Texas state court was terminated by the filing of a nonsuit.

2002 Legal Intelligencer (Nexis) 14 Jan. Defendants failed to raise the issue at trial by requesting either a nonsuit or a directed verdict.

This entry has been updated (OED Third Edition, December 2003; most recently modified version published online March 2022).

nonsuitadj.

Brit.

/ˈnɒnsuːt/,

/ˈnɒnsjuːt/, U.S.

/ˈnɑnˈs(j)ut/

Forms: Middle English–1600s nonsute, 1500s nonesuete, 1500s nonesuite, 1500s nonsueyt, 1500s nonsueyte, 1500s–1600s nonsuite, 1500s–1800s nonsuit.

Origin: Formed within English, by conversion. Etymon: nonsuit n.

Etymology: < nonsuit n.; apparently taken as a past participle form, by analogy with execute adj. etc. Compare later nonsuit v.

Law. Now rare.

1. Subjected to a nonsuit; that is or has been nonsuited. Also figurative.

ΘΚΠ

society > law > administration of justice > court proceedings or procedure > judging > [adjective] > subjected to non-suit

nonsuit1459

1459 in L. Morsbach Mittelengl. Originalurkunden (1923) 51 We award, ordeyne and deme that the said Will, his seruantes, and his tenauntz..shall be nonsute, or ellus discontynue all maner accions personell and appell that they haue.

1531–2 Act 23 Hen. VIII c. 2 §4 The same partie so nonsuite or so discontynueng the said Atteynt.

1581 R. Mulcaster Positions xxxviii. 175 They will rather retire for shame, and proue to be nonsuite, then confesse themselues faulty.

1589 W. Warner Albions Eng. (new ed.) vi. xxxi. 138 Better at first be Non-sute, than at length not to subdue.

1594 W. West Symbolæogr.: 2nd Pt. §43 When one hath bin nonsuit he may begin againe.

1660 Scutum Regale: Royal Buckler 58 The King in a manner is everywhere... And therefore it is that he cannot be non-sute.

1720 London Gaz. No. 5868/5 The Officers become Non-suit.

1768 W. Blackstone Comm. Laws Eng. 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.

1817 W. Selwyn Abridgem. Law Nisi Prius (ed. 4) II. 857 In case the plaintiff become nonsuit, or discontinue his action.

†2. In extended use. Of a project: interrupted, thwarted. Obsolete. rare.

ΘΚΠ

the world > action or operation > difficulty > hindrance > hindering completely or preventing > [adjective] > prevented or checked > thwarted

forbeft1487

prevented1568

frustrate1588

crossed1621

frustrateda1643

baffleda1658

nonsuit1679

balked1704

thwarted1828

1679 ‘T. Ticklefoot’ Some Observ. Tryals Wakeman 8 The Plot is Non-suit, Semel insanivimus omnes.

This entry has been updated (OED Third Edition, December 2003; most recently modified version published online March 2022).

nonsuitv.

Brit.

/nɒnˈsuːt/,

/nɒnˈsjuːt/, U.S.

/ˈnɑnˈs(j)ut/

Forms: 1500s–1600s nonsute, 1500s– nonsuit.

Origin: Formed within English, by conversion. Etymons: nonsuit n., nonsuit adj.

Etymology: < nonsuit n. or nonsuit adj.

1. Law.

a. transitive. To subject (a plaintiff or a suit) to a nonsuit.

ΘΚΠ

society > law > administration of justice > court proceedings or procedure > judging > judge or determine judicially [verb (transitive)] > give judgement against > subject to a nonsuit

nonsue1437

nonsuit1531

1531–2 Act 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.

1593 T. Nashe Christs Teares 51 b If hee haue but a quarter of an enemy in the Court, it [sc. his suit] is casheird and non suted.

1606–7 Act 4 Jas. I c. 3 Cases where the Plaintiff..should become Nonsuited.

1709 R. Steele Tatler No. 39. ⁋4 The University has been Nonsuited in their Action against the Booksellers for printing Clarendon in Quarto.

1749 H. Fielding Tom Jones II. iv. iv. 24 In this Case, therefore, I conceive the Plaintiff must be nonsuited; and I should disadvise the bringing any such Action.

1768 W. Blackstone Comm. Laws Eng. 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 nonsuited.

1868 J. D. Pinckney & T. Ward Reminisc. Catskill 28/2 Stimulated by the promise of the entire fees..if he should be successful in non-suiting the plaintiff, he appeared with his client before a Dutch justice in Johnstown.

1933 Amer. Jrnl. Internat. Law 27 35 The Court was asked to invite the Tribunal to deliver a fresh judgment in these cases, nonsuiting the applicants.

1994 W. Gaddis Frolic of his Own 292 Plaintiff should have been nonsuited by the court and the case dismissed as ‘an act of God’.

b. intransitive. To declare a nonsuit. rare.

ΚΠ

1819 Ld. Byron Don Juan: Canto I clxxxix. 97 The pleadings Of counsel to nonsuit, or to annul.

1969 J. B. Saunders Words & Phrases legally Defined (ed. 2) III. 349/1 If a judge declines to nonsuit at the end of the plaintiff's case and the defendant appeals, the court will consider [etc.].

2. transitive. In extended use. To thwart, to frustrate. Often used punningly. Now rare.

ΚΠ

1608 E. Topsell Hist. Serpents 99 Least..he [sc. a lover] should turne Crauen..or else bee vtterly non-suited.

a1616 W. Shakespeare Othello (1622) i. i. 15 But he..Euades them, with a bumbast circumstance..Non-suits [1623 Non-suites] my mediators.

a1652 R. Brome Weeding of Covent-Garden ii. i. 27 in Five New Playes (1659) [A tailor says:] I can do no lesse then take you by default and non-suit you.

1723 B. Mandeville Fable Bees (ed. 2) i. 317 Your sly Sinners that..hope that it will expiate their Guilt, and Satan be Nonsuited by it at a small Expence.

a1811 R. Cumberland tr. Aristophanes Clouds (1812) 42 A fig for powers of spouting! give me powers Of nonsuiting my creditors.

1846 ‘Lord Chief Baron’ Swell's Night Guide (new ed.) 51 Fuzzy seized two or three gatter bags, and was about letting them loose among the members; but he was nonsuited, and lost the bags.

1937 Mind 46 352 We cannot nonsuit all of them en masse by the positivist criterion without begging the whole question.

This entry has been updated (OED Third Edition, December 2003; most recently modified version published online March 2022).

n.c1450

adj.1459

v.1531

单词	nonsuit
释义	nonsuitn. Brit. /nɒnˈsuːt/, /nɒnˈsjuːt/, U.S. /ˈnɑnˈs(j)ut/ Forms: see non- prefix and suit n. Origin: Formed within English, by derivation; modelled on a French lexical item. Etymons: non- prefix, suit n. Etymology: < non- prefix + suit n., after Anglo-Norman nounsuyte, nonsute. Compare post-classical Latin non secta (c1290, 1412 in British sources). N.E.D. (1907) gives the pronunciation as (nǫ·nsiūt) /ˈnɒnsjuːt/. Law. (a) The cessation of a suit as a result of the voluntary withdrawal of the plaintiff. Also figurative. Now U.S. (b) The stoppage of a suit by the judge when the plaintiff fails to make out a legal case or to bring sufficient evidence.In English law, nonsuit in the High Court was abolished in 1883. Cf. discontinuance n. 2b. ΘΚΠ society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > [noun] > a lawsuit > withdrawal or cessation of suit withdraw1444 nonsuitc1450 retraxit1579 nonsuiting1596 withdraught1600 nonsuing1620 c1450 (c1405) Mum & Sothsegger (BL Add. 41666) (1936) 1595 (MED) For þough men pleede and poursuye and in þaire playntz falle And newe þaym aftre nonsuyte [read nonsuytes] nynetene hunthred, Withoute grovnde or guilte but forto gete a bribe, Yit shal þay haue no harme þough þay hurle euer. 1488 Rolls of Parl. VI. 417/2 The said discontinuance, or any Nonsuyt of or in the said Atteint. a1500 (?c1378) J. Wyclif Eng. Wks. (1880) 410 (MED) 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. 1566 W. Painter Palace of Pleasure I. x. f. 26 Menalippus ouer came hym in lawe, and the noble men, whiche wer the frendes of Phalaris, would giue no sentence, & brought the same to a Nonesuite. 1606–7 Act 4 Jas. I c. 3 (title) An Act to give Costes to the Defendant uppon a Nonsuite of the Plaintiffe. 1632 in S. R. Gardiner Rep. Cases Star Chamber & High Comm. (1886) 128 The Kinges Bench afterwardes discharged the costes upon the nonsuit. 1679 T. D'Urfey Squire Oldsapp v. 65 The Intrigue had been setled, fixt, ratified and confirm'd, to order or declare a nonsuit as to matter of moment. 1741 Act 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 W. Blackstone Comm. Laws Eng. III. xx. 296 A nonsuit, or non prosequitur, is entered; and he is said to be nonpross'd. 1803 S. Smith Wks. (1859) I. 50/1 A proof of non-residence might be made to operate as a nonsuit in an action for tithes. 1817 S. T. Coleridge Zapolya iii. i. 84 What not a word in answer? A clear nonsuit! 1883 Law Rep.: Queen's Bench Div. 11 591 Watkin Williams, J., was of opinion that the words above mentioned were privileged..and directed a nonsuit. 1909 Amer. Jrnl. Internat. Law 3 1018 The contention of the plaintiff in this respect was denied by the trial court, which granted a judgment of nonsuit. 1958 Econ. Hist. Rev. 10 384 In case of a non-suit the Companies had to pay the costs. 1980 All Eng. Law Rep. 3 73 The following day the action in the Texas state court was terminated by the filing of a nonsuit. 2002 Legal Intelligencer (Nexis) 14 Jan. Defendants failed to raise the issue at trial by requesting either a nonsuit or a directed verdict. This entry has been updated (OED Third Edition, December 2003; most recently modified version published online March 2022). nonsuitadj. Brit. /ˈnɒnsuːt/, /ˈnɒnsjuːt/, U.S. /ˈnɑnˈs(j)ut/ Forms: Middle English–1600s nonsute, 1500s nonesuete, 1500s nonesuite, 1500s nonsueyt, 1500s nonsueyte, 1500s–1600s nonsuite, 1500s–1800s nonsuit. Origin: Formed within English, by conversion. Etymon: nonsuit n. Etymology: < nonsuit n.; apparently taken as a past participle form, by analogy with execute adj. etc. Compare later nonsuit v. Law. Now rare. 1. Subjected to a nonsuit; that is or has been nonsuited. Also figurative. ΘΚΠ society > law > administration of justice > court proceedings or procedure > judging > [adjective] > subjected to non-suit nonsuit1459 1459 in L. Morsbach Mittelengl. Originalurkunden (1923) 51 We award, ordeyne and deme that the said Will, his seruantes, and his tenauntz..shall be nonsute, or ellus discontynue all maner accions personell and appell that they haue. 1531–2 Act 23 Hen. VIII c. 2 §4 The same partie so nonsuite or so discontynueng the said Atteynt. 1581 R. Mulcaster Positions xxxviii. 175 They will rather retire for shame, and proue to be nonsuite, then confesse themselues faulty. 1589 W. Warner Albions Eng. (new ed.) vi. xxxi. 138 Better at first be Non-sute, than at length not to subdue. 1594 W. West Symbolæogr.: 2nd Pt. §43 When one hath bin nonsuit he may begin againe. 1660 Scutum Regale: Royal Buckler 58 The King in a manner is everywhere... And therefore it is that he cannot be non-sute. 1720 London Gaz. No. 5868/5 The Officers become Non-suit. 1768 W. Blackstone Comm. Laws Eng. 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. 1817 W. Selwyn Abridgem. Law Nisi Prius (ed. 4) II. 857 In case the plaintiff become nonsuit, or discontinue his action. †2. In extended use. Of a project: interrupted, thwarted. Obsolete. rare. ΘΚΠ the world > action or operation > difficulty > hindrance > hindering completely or preventing > [adjective] > prevented or checked > thwarted forbeft1487 prevented1568 frustrate1588 crossed1621 frustrateda1643 baffleda1658 nonsuit1679 balked1704 thwarted1828 1679 ‘T. Ticklefoot’ Some Observ. Tryals Wakeman 8 The Plot is Non-suit, Semel insanivimus omnes. This entry has been updated (OED Third Edition, December 2003; most recently modified version published online March 2022). nonsuitv. Brit. /nɒnˈsuːt/, /nɒnˈsjuːt/, U.S. /ˈnɑnˈs(j)ut/ Forms: 1500s–1600s nonsute, 1500s– nonsuit. Origin: Formed within English, by conversion. Etymons: nonsuit n., nonsuit adj. Etymology: < nonsuit n. or nonsuit adj. 1. Law. a. transitive. To subject (a plaintiff or a suit) to a nonsuit. ΘΚΠ society > law > administration of justice > court proceedings or procedure > judging > judge or determine judicially [verb (transitive)] > give judgement against > subject to a nonsuit nonsue1437 nonsuit1531 1531–2 Act 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. 1593 T. Nashe Christs Teares 51 b If hee haue but a quarter of an enemy in the Court, it [sc. his suit] is casheird and non suted. 1606–7 Act 4 Jas. I c. 3 Cases where the Plaintiff..should become Nonsuited. 1709 R. Steele Tatler No. 39. ⁋4 The University has been Nonsuited in their Action against the Booksellers for printing Clarendon in Quarto. 1749 H. Fielding Tom Jones II. iv. iv. 24 In this Case, therefore, I conceive the Plaintiff must be nonsuited; and I should disadvise the bringing any such Action. View more context for this quotation 1768 W. Blackstone Comm. Laws Eng. 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 nonsuited. 1868 J. D. Pinckney & T. Ward Reminisc. Catskill 28/2 Stimulated by the promise of the entire fees..if he should be successful in non-suiting the plaintiff, he appeared with his client before a Dutch justice in Johnstown. 1933 Amer. Jrnl. Internat. Law 27 35 The Court was asked to invite the Tribunal to deliver a fresh judgment in these cases, nonsuiting the applicants. 1994 W. Gaddis Frolic of his Own 292 Plaintiff should have been nonsuited by the court and the case dismissed as ‘an act of God’. b. intransitive. To declare a nonsuit. rare. ΚΠ 1819 Ld. Byron Don Juan: Canto I clxxxix. 97 The pleadings Of counsel to nonsuit, or to annul. 1969 J. B. Saunders Words & Phrases legally Defined (ed. 2) III. 349/1 If a judge declines to nonsuit at the end of the plaintiff's case and the defendant appeals, the court will consider [etc.]. 2. transitive. In extended use. To thwart, to frustrate. Often used punningly. Now rare. ΚΠ 1608 E. Topsell Hist. Serpents 99 Least..he [sc. a lover] should turne Crauen..or else bee vtterly non-suited. a1616 W. Shakespeare Othello (1622) i. i. 15 But he..Euades them, with a bumbast circumstance..Non-suits [1623 Non-suites] my mediators. View more context for this quotation a1652 R. Brome Weeding of Covent-Garden ii. i. 27 in Five New Playes (1659) [A tailor says:] I can do no lesse then take you by default and non-suit you. 1723 B. Mandeville Fable Bees (ed. 2) i. 317 Your sly Sinners that..hope that it will expiate their Guilt, and Satan be Nonsuited by it at a small Expence. a1811 R. Cumberland tr. Aristophanes Clouds (1812) 42 A fig for powers of spouting! give me powers Of nonsuiting my creditors. 1846 ‘Lord Chief Baron’ Swell's Night Guide (new ed.) 51 Fuzzy seized two or three gatter bags, and was about letting them loose among the members; but he was nonsuited, and lost the bags. 1937 Mind 46 352 We cannot nonsuit all of them en masse by the positivist criterion without begging the whole question. This entry has been updated (OED Third Edition, December 2003; most recently modified version published online March 2022). < n.c1450adj.1459v.1531
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