Title 9, Chapter 2, Section 62
( 9-2-62)
A retraxit differs from a dismissal or discontinuance in that a
retraxit is the open, public, and voluntary renunciation by the
plaintiff in open court of his action or cause of action. It is
positive and conclusive of the plaintiff's right of action. Where a
retraxit is entered by the plaintiff and a judgment is entered
thereon by the defendant, the plaintiff's right of action shall be
forever gone. A dismissal or discontinuance is negative, and the
plaintiff may recommence his action on the payment of costs. |