Retraxit

Defined in 7 dictionaries — Case Law, Ballentine's (1916), Black's (1910), Anderson (1889), Stimson (1881), Abbott (1879), Bouvier (1839)

Definitions from Case Law

From 14 U.S. 233 - Welch v. Mandeville · 1816Most cited · 64 citing opinions

The dismissal of the former suit, stated in the pleadings in the present case, was certainly not a retraxit; and if it had been, it would not have availed the parties, since it was procured by fraud. Admitting a dismissal of a suit, by agreement, to be a good bar to a subsequent suit, (on which we give no opinion,) it can be so only when it is bona fide, and not for the purpose of defeating the rights of third persons.

Ballentine's Law Dictionary

James A. Ballentine · 1916

Same as Judgment of retraxit, which see.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

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.

A Dictionary of Law

William C. Anderson · 1889

He has withdrawn. The act of a plaintiff in voluntarily withdrawing from his suit. A " non-suit " is negative, a mere default and neglect of the plaintiff, after which, upon paying the costs, he may begin his suit again. A *' retraxit " is positive, being an open and voluntary renunciation of his suit in court, and by which his right of action is forever lost.*

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

/. An open and voluntary renunciation by a plaintiff of his suit, differing from a Nol. pros, in that it is a bar to any other suit for the same cause.

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

He withdraws. This word, used as a substantive, is the name of the act by which, in old English practice, a plaintiff might withdraw his suit, — retraxit being the emphatic word used in entering the withdrawal of record. It was a voluntary renunciation of the suit, by which the plaintiff lost his right of action, and was barred from ever commencing another action for the same cause. The proceeding is obsolete in England. A retraxit is an open and voluntary renunciation in court of a suit by the plaintiff, by which he for ever loses his action. A retraxit is very similar to a nolle prosequi; the difference between them being that a retraxit is a bar to any future action for the same cause, whereas a nolle prosequi is not, unless made after judgment. (2 Arch. Pract. 1515; Berber ». Sayer, 2 Dowl. S/- L. 65, note b.) Broum. RETROACTIVE; RETROSPEC-

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

John Bouvier · 1839

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.