Bourne v. Southern Railway Co.

Barnhill,. J.

Is the original action, non constat the judgment of nonsuit, still pending in the Superior Court of Buncombe County ? The court below answered no. We concur.

“Nonsuit” is a process of legal mechanics. The case is chopped off. Corcoran v. Transportation Co., 57 S. E., 962. It is a judgment of dismissal. Anderson v. Distributing Co., 55 S. W. (2d), 688. It dismisses the action. Cyclopedic Law Dic., 2nd Ed. (Callaghan). Although it does not necessarily decide the merits of the cause of action, it is a final judgment in that it terminates the action itself.

“Nonsuit is the name of a…