Callingthe Plaintiff

Calling the Plaintiff. A plaintiff whose evidence is insufficient to establish his case can voluntarily withdraw from it. The crier of the court, on being so directed, "calls the plaintiff," and if neither he nor any one else appears for him, he is non-suited, the jurors are discharged, the action is at an end, and the defendant recovers his costs. It is equivalent to a non-suit, and the plaintiff can commence another action.