retraxitn.

Brit.

/rᵻˈtraksɪt/, U.S.

/rəˈtræksᵻt/,

/riˈtræksᵻt/

Origin: A borrowing from French. Etymon: French retraxit.

Etymology: < Anglo-Norman retraxit formal withdrawal of a suit by a plaintiff (1322 or earlier) < classical Latin retraxit , 3rd person singular perfect indicative of retrahere retract v.¹

Law (now U.S.).

The cessation of a suit as a result of the voluntary withdrawal of the plaintiff, after which the suit may not be brought again; a dismissal with prejudice based on the withdrawal of the plaintiff.A retraxit differs from a nonsuit, the latter case being a dismissal without prejudice in which the plaintiff retains the right to sue again.

ΘΚΠ

society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > [noun] > a lawsuit > withdrawal or cessation of suit

withdraw1444

nonsuitc1450

retraxit1579

nonsuiting1596

withdraught1600

nonsuing1620

1579 Rastell's Expos. Termes Lawes (new ed.) 168/1 Retraxit..is when the partie plaintife or demaundant commeth in proper person into the Court where hys plee is, and sayth that he will not proceed any farder in the same.

1594 W. West Symbolæogr.: 2nd Pt. ii. Chancerie §43 An award that the parties shall make discontinuance and retraxits is not good.

1635 Maldon (Essex) Borough Deeds (Bundle 80, f. 1) With drafts: for licences of concord, Retraxits made, and amerciaments for not prosecutinge.

1712 J. Arbuthnot Lewis Baboon iv. ii. 8 To Esquire South for post Terminums...To ditto for Discontinuance, noli prosequi, and Retraxit.

1768 W. Blackstone Comm. Laws Eng. III. 296 A retraxit is an open and voluntary renunciation of his suit, in court, and by this he for ever loses his action.

1806 R. Preston Treat. on Conveyancing 275 A retraxit..puts an end to the legal virtue of the writ.

1859 Upper Canada Law Jrnl. Aug. 186/1 The plaintiff applying to dismiss his own bill, is more in the nature of a retraxit, which precludes all further proceedings on the same cause of action.

1940 Southern Calif. Law Rev. 13 96 Circumstances calling for a declaration of retraxit may be ignored.

1991 Rep. District Courts Appeal Calif. 216 822 The dismissal with prejudice was a retraxit constituting a decision on the merits invoking the principles of res judicata.

2006 Virginia Lawyers Weekly (Nexis) 9 Oct. This abusive use of the Nonsuit Statute can be stopped by the judge's treating the second motion for a nonsuit without notice to the trial court of the first nonsuit as a retraxit.

This entry has been updated (OED Third Edition, March 2010; most recently modified version published online March 2022).

单词	retraxit
释义	retraxitn. Brit. /rᵻˈtraksɪt/, U.S. /rəˈtræksᵻt/, /riˈtræksᵻt/ Origin: A borrowing from French. Etymon: French retraxit. Etymology: < Anglo-Norman retraxit formal withdrawal of a suit by a plaintiff (1322 or earlier) < classical Latin retraxit , 3rd person singular perfect indicative of retrahere retract v.¹ Law (now U.S.). The cessation of a suit as a result of the voluntary withdrawal of the plaintiff, after which the suit may not be brought again; a dismissal with prejudice based on the withdrawal of the plaintiff.A retraxit differs from a nonsuit, the latter case being a dismissal without prejudice in which the plaintiff retains the right to sue again. ΘΚΠ society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > [noun] > a lawsuit > withdrawal or cessation of suit withdraw1444 nonsuitc1450 retraxit1579 nonsuiting1596 withdraught1600 nonsuing1620 1579 Rastell's Expos. Termes Lawes (new ed.) 168/1 Retraxit..is when the partie plaintife or demaundant commeth in proper person into the Court where hys plee is, and sayth that he will not proceed any farder in the same. 1594 W. West Symbolæogr.: 2nd Pt. ii. Chancerie §43 An award that the parties shall make discontinuance and retraxits is not good. 1635 Maldon (Essex) Borough Deeds (Bundle 80, f. 1) With drafts: for licences of concord, Retraxits made, and amerciaments for not prosecutinge. 1712 J. Arbuthnot Lewis Baboon iv. ii. 8 To Esquire South for post Terminums...To ditto for Discontinuance, noli prosequi, and Retraxit. 1768 W. Blackstone Comm. Laws Eng. III. 296 A retraxit is an open and voluntary renunciation of his suit, in court, and by this he for ever loses his action. 1806 R. Preston Treat. on Conveyancing 275 A retraxit..puts an end to the legal virtue of the writ. 1859 Upper Canada Law Jrnl. Aug. 186/1 The plaintiff applying to dismiss his own bill, is more in the nature of a retraxit, which precludes all further proceedings on the same cause of action. 1940 Southern Calif. Law Rev. 13 96 Circumstances calling for a declaration of retraxit may be ignored. 1991 Rep. District Courts Appeal Calif. 216 822 The dismissal with prejudice was a retraxit constituting a decision on the merits invoking the principles of res judicata. 2006 Virginia Lawyers Weekly (Nexis) 9 Oct. This abusive use of the Nonsuit Statute can be stopped by the judge's treating the second motion for a nonsuit without notice to the trial court of the first nonsuit as a retraxit. This entry has been updated (OED Third Edition, March 2010; most recently modified version published online March 2022). < n.1579
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