A summo remedio ad inferiorem actionem non habetur regressus, neque auxilium

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, § 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.

Author: 
Henry Campbell Black, M.A.
Publisher: 
West Publishing Company
Year Published: 
1910
Genre: 
Law Dictionary