Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Black's Law Dictionary: 2nd Edition

    From (after using) the highest remedy, there can be no recourse (going back) to an inferior action, nor assistance, (derived from it.) Fleta, lib. 6, c. 1, ยง 2. A maxim in the old law of real actions, when there were grades in the remedies given; the rule being that a party who brought a writ of right, which was the highest writ in the law, could not afterwards resect or descend to an inferior remedy. Bract 112b; 3 Bl. Comm. 193, 194.

  • Ballentine's Law Dictionary

    One cannot resort to an inferior remedy after having pursued the highest one. See 3 Bl. Comm. 193, 194.

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