法律英语|英文法律词典 R-73

RETORNO HABENDO. The name of a writ^{1 issued to compel a party to return property which has been adjudged to the other in an action of replevin. Vide Writ pro2 retorno habendo.}

RETORSION, war. The name of the act employed by a government to impose the same hard treatment on the citizens or subjects of a state, that the latter has used towards the citizens or subjects of the former, for the purpose of obtaining the removal of obnoxious^{3 measures. Vattel, liv. 2, c. 18, 341; De Martens, Precis, liv. 8, c. 2, 254; Kluber, Droit dos Gens, s. 2 c. 1, 234; Mann. Comm. 105.}

2. Retorsion signifies also the act by which an inpidual returns to his adversary^{4 evil for evil; as, if Peter call Paul thief, and Paul says you are a greater thief.}

TO RETRACT^{5. To withdraw a proposition or offer before it has been accepted.}

2. This the party making it has a right to do is long as it has not been accepted; for no principle of law or equity^{6 can, under these circumstances, require him to persevere7 in it.}

3. The retraction^{8 may be express, as when notice is given that the offer is withdrawn9; or, tacit as by the death of the offering party, or his inability to complete the contract; for then the consent of one of the parties has been destroyed, before the other has acquired any existence; there can therefore be no agreement. 16 Toull. 55.}

4. After pleading guilty, a defendant^{10 will, in certain cases where he has entered that plea by mistake or in consequence of some error, be allowed to retract it. But where a prisoner pleaded guilty to a charge of larceny11, and sentence has been passed upon him, he will not be allowed to retract his plea, and plead not guilty. 9 C. P. 346; S. C. 38 E. C. L. R. 146; Dig. 12, 4, 5.}

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. 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^{12. 2 Mass. R. 172. Vide 2 Sell. Pr. 338; Bac. Abr. Nonsuit; Com. Dig. Pleader, X 2. Vide article Judgment13 of retraxit.}