Maxim 8.7.10
It is not permitted to adduce a plea of the matter in issue as a bar thereto.
Non potest adduci exceptio ejusdem rei cujus petitur dissolutio.
Source: Bac. Max. 22; Jackson
Difficulty 3/5 — Intermediate
Explanation
A party cannot use the very matter under dispute as a defense against the action seeking to resolve it — the subject of the suit cannot simultaneously be its own bar.
Where this applies
- The defendant is using the very dispute as a shield against the lawsuit seeking to resolve it.
- You can't cite the matter under dispute as a bar to hearing the dispute.
Legal domains
Cite this maxim
NeCede Max. 8.7.10 — It is not permitted to adduce a plea of the matter in issue as a bar thereto. — Bac. Max. 22; Jackson (Non potest adduci exceptio ejusdem rei cujus petitur dissolutio.)
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