NONSUIT

Not following up the cause; failure on the part of a plahitifr to continue the prosecution of his suit. AD abandonment or renunciation of his suit, by a plaintiff, either by omitting to tak,e the next nece ary steps, or voluntarily relinquishing the action, or pursuant to an order of the court. An order or judgment, granted upon the trial of a cause, that the plaintiff has abandoned, or shall abandon, the further prosecution of his suit. A 1'oluntarv nonsuit is one incurred by the plaintiff's own act or omi ion, and ls a judgment entered against him as a consequence of his abandoning or not following up his cause, or being absent when his presence is required. Sandoval v. Ro er, 86 Tex. 682, 26 _S. W. 933; Deeley v. Heintz, 169 N. Y. 129, 62 N. E. 158; Boyce v. Snow, 88 Ill. App. 405. An involuntary nonsuit is one which takes place when the plaintiff falls to appear wben his case is before the court for trial or at the time when the jury are to deliver their verdict, or when he has given no evidence on which a jury may find a verdict, or when [s. 835]