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Nor is any licenced person to credit more than twenty shillings, under forfeiture of debt; nor to sue soldiers, seamen, servants, or prisoners, under the penalty of nonsuit and treble charges. Merchandize.
He uses the words replevin, supersedeas, term, demur, nonsuit, reference, title, in forma pauperis, king's bench, common pleas, as properly and familiarly as if he had been brought up to the bar. How extraordinary must have been his mental powers, and how retentive his memory!
Lord Oldborough, I find, recommended it to him to employ me in a very important cause, long pending, for a vast sum of money: the whole, with all its accumulated and accumulating interest, depending on a point of law. Heaven send me special sense, or special nonsense, sufficient to avoid a nonsuit, of which there have been already no less than three in this cause.
Arthur handed him the pleadings, he said that the railroad company was not liable, and was about to order a nonsuit. Mr. Arthur called his attention, however, to a recently revised section of the Revised Statutes, making certain railroad corporations which carried passengers liable for the acts of their conductors and drivers, whether wilful or negligent, under which the action had been brought.
Nonsuit for the plaintiffs for the young student a hum of commendation. Many of the pungent sayings current in Westminster Hall at the present time, and attributed to eminent advocates who either are still upon the forensic stage, or have recently withdrawn from it, were common jests amongst the lawyers of the seventeenth century.
'If you were counsel in a cause for plaintiff A, instead of exposing the blunders and wrongs of defendant B, would you enquire into those of your own client? 'I would enquire impartially into both. 'And if you knew any circumstance which would infallibly insure plaintiff a nonsuit, you would declare it to the Court? 'I would declare the truth, and the whole truth. 'Here's doctrine!
The workman, asserting his equality and independence, claims from his employer services which only inferiority can legitimately demand; the master, tacitly and in his heart denying this equality and independence, repudiates claims which only the validity of this plea of equality and independence can effectually nonsuit or liquidate.
Hare was called on for his proof, but taking it for granted that the board would be admitted, and the defence opened, he was not prepared with proof. "I demand," said Dennis, "I demand an unsuit." Here there was a consultation between the Justice and the Plaintiff, when the Justice said, "I shall not nonsuit him, I shall continue the cause." "What, hang it up till next court?
It is enough to tell you that I was all-glorious, with the hope of making a good point which had escaped the other counsel employed on our side; but the senior counsel never acknowledged the assistance he had received from me obtained a nonsuit against the colonel, and had all the honour and triumph of the day. Some few gentlemen of the bar knew the truth, and they were indignant.
The costs consist of the fees or compensation to be paid the justice, constable and witnesses for their services. If a defendant does not appear at the time of trial, the justice may proceed to try the cause, and decide upon the testimony of the plaintiff's witnesses. If a plaintiff does not answer or appear when his name is called in court, the justice enters judgment of nonsuit.
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