nonsuit

noun

1. A lawsuit that is dismissed as having been brought without cause, prior to an adjudication on the merits.
2. A neglect or failure by the plaintiff to follow up his suit; a renunciation or withdrawal of the cause by the plaintiff.

   “[A]ltho the party be indicted as vvell as appeald, yet upon the nonſuit of the plaintiff, the proceeding for the king ſhall not be upon the indictment, but upon the appeal.”

verb

1. (transitive)To dismiss (a suit or plaintiff) on the grounds of his or her lawsuit having been brought without cause, prior to an adjudication on the merits.

   “[W]here an appeal is brought at the ſuit of the party, and the plaintiff is nonſuit upon that appeal, yet the offender ſhall be arraigned at the king's ſuit upon ſuch appeal; […]”

   “In short, the attorney was nonsuited, to the satisfaction of all who knew him […].”

   “he shall be nonsuited , and pay cost to the defendant”