his case is put out of court by some adverse ruling which precludes a recovery. I’.oyce v. Snow. 1ST 111. 181, 58 N. E. 403; Deele.v v. Ileintz. 169 N. Y. 120, 02 N. E. 158; Stults v. Forst, 135 Ind. 207, 34 N. E. 1125; Williams v. Finks, 150 Mo. 597, 57 S. W. 732. A peremptory nonsuit is a compulsory or involuntary nonsuit, ordered by the court upon a total failure of the plaintiff to substantiate his claim by evidence. Jacques v. Fourthman, 137 Pa. 428, 20 Atl. 802.

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