Bar

in actions, is a perpetual destruction or temporary taking away of the action of the plaintitl: In ancient authors it is called exceptio peremptoria.

Co. Litt. 303 b; Steph. Pl. Appx. xxvii.

When a person is bound in any action real or personal, by judgment on demurrer, confession or verdict, he is barred as to that or any other action, of the like nature or degree for the same thing, for ever; for exrpedit retpublice ut sit finis litium. But there is a difference between real and personal actions. In personal actions, as debt or account, the bar is perpetual, inasmuch as the plaintiff cannot have an action of a higher nature, and therefore in such actions he has generally no remedy but by bringing a writ of error.

Doct. Plac. 65; 6 Co. 7, 8; 4 East, 507, 508.

But, if the defendant be barred in a real action, by judgment on a verdict, demurrer or confession, &c. he may still have an action of a higher nature and try the same right again.

Ib. Lawes Pl. 39, 40.

See generally Plea in bar.