Definition of RETRAXIT


RETRAXIT

practice. 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.


2. A retraxit differs from a nonsuit, the former being the act of the
plain-tiff himself, for it cannot even be entered by attorney; 8 Co. 58; 3
Salk.245; 8 P. S. R. 157, 163; and it must be after declaration filed; 3 Leon.
47; 8 P. S. R. 163; 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 a retraxit is a bar to all actions of a like or a similar nature;
Bac. Ab. Nonsuit, A; a nolle prosequi is not a bar even in a criminal
prosecution. 2 Mass. R. 172. Vide 2 Sell. Pr. 338; Bac. Abr. Nonsuit; Com. Dig.
Pleader, X 2. Vide article Judgment of retraxit.




Source: Bouviers Law Dictionary 1856 Edition

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