Lat. In practice. A formal entry upon the record, by the plaintiff in a civil suit or the prosecuting officer in a criminal action, by which he declares that he “will no further prosecute” the case, either as to some of the counts, or some of the defendants, or altogether. State v. Primm, G1 Mo. 171; Coin. v. Casey, 12 Allen (Mass.) 214; Davenport v. Newton, 71 Vt. 11, 42 Atl. 10S7. A nolle prosequi is in the nature of an acknowledgment or undertaking by the plaintiff in an action to forbear to proceed any further either in the action altogether, or as to some part of it, or as to some of the defendants; and is different from a non- pros., by which the plaintiff is put out of court with respect to all the defendants. Brown.
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