Legal Definitions - go hence without day

When a defendant in a lawsuit is said to "go hence without day," it means that the legal proceedings against them have concluded permanently, and no further court appearances or actions are required. This typically occurs when the case is dismissed, effectively ending the lawsuit in the defendant's favor and removing it from the court's calendar.

• Example 1: Dismissal Due to Lack of Evidence

  Imagine a small business owner, Ms. Chen, is sued by a former client for an alleged breach of contract. After the initial discovery phase, the client's legal team realizes they lack sufficient evidence to prove their claims against Ms. Chen. Rather than proceed to trial with a weak case, the client's attorney files a motion to voluntarily dismiss the lawsuit against Ms. Chen.

  How it illustrates the term: When the court grants this dismissal, Ms. Chen "goes hence without day." This means the lawsuit is permanently resolved in her favor, she no longer faces any legal obligations related to that specific case, and no future court dates are scheduled for her involvement.

• Example 2: Wrongly Named Defendant

  Consider a large construction company, "BuildRight Inc.," that is sued for negligence after a building collapse. During the investigation, it becomes clear that one of the named subcontractors, "SafetyFirst Scaffolding," had no involvement in the specific part of the project that failed and was wrongly included in the lawsuit.

  How it illustrates the term: The plaintiff's legal team, recognizing the error, agrees to remove SafetyFirst Scaffolding from the lawsuit. The court then formally dismisses all claims against SafetyFirst Scaffolding. This action allows SafetyFirst Scaffolding to "go hence without day," as it is completely released from the legal proceedings and will not have to participate further in the case.

• Example 3: Procedural Dismissal by the Court

  A person files a personal injury lawsuit against a driver but repeatedly fails to respond to court orders, misses deadlines for submitting documents, and does not attend scheduled hearings, despite warnings from the judge.

  How it illustrates the term: Due to the plaintiff's persistent non-compliance, the court issues an order dismissing the case with prejudice (meaning it cannot be refiled). This dismissal ensures that the defendant driver "goes hence without day," as the lawsuit against them is permanently terminated due to the plaintiff's procedural failures, and they are no longer subject to any further court action in that case.