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Retraxit

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

Lat In practice. An open and voluntary renunciation by a plaintiff of his suit in court, made when the trial is called on, by which he forever loses his action or is barred from commencing another action for the same cause.

3 Bl. Comm. 296; 2 Archb. Pr. K. B. 250.

A retraxit is the open, public, and voluntary renunciation by the plaintiff, in open court, of his suit or cause of action, and if this is done by the plaintiff, and a judgment entered thereon by the defendant, the plaintiff's right of action is forever gone.

Code Ga. 1882, § 3445. And see U. S. v. Parker, 120 U. S. 89, 7 Sup. Ct. 454, 30 In Ed. 601; Pethtel v. McCullough, 49 W. Va. 520, 39 S. E. 199; Westbay v. Gray, 116 Cal. 660, 48 Pac. 800; Russell v. Rolfe, 50 Ala. 57; Lowry v. McMillan, 8 Pa. 163, 49 Am. Dee, 501; Broward v. Roche, 21 Fla. 477.