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Retraxit

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

practice, is the act by which a plaintiff withdraws his suit; it is so called from the fact that this was the principal word used when the law entries were in latin. A retraxit differs from a nonsuit; the former being the act of the Salk. 245; while the latter occurs in consequence of the neglect merely of the plaintiff. A retraxit also differs from a nolle prosequi, (q. V-) The effect of retrazit is a bar to all actions of a like or a similar nature, 5 Bac. Ab. 141; a nolle prosequt is not a bar even in a criminal prosecution.

2 Mass. R. 172. Vide 2 Sell. Pr. 338; Bac. Ab. Nonsuit; Com. Dig. Pleader, X 2.

Vide article Judgment of retrazit.