Fin Be Non Recevoir

In French law. A legal bar to the maintenance of a claim. Ord. Mar. liv., tit. 12; Poth. Obi. p. 3, c. 8, art. 1. An exception or plea founded on law, which, without entering into the merits of the action, shows that the plaintiff has no right to bring it, either because the time during which it ought to have been brought has elapsed, which is called "prescription," or that there has been a compromise, accord and satisfaction, or any other cause which has destroyed the right of action which once subsisted. Poth. Proc. Civ pt. 1, c. 2, § 2, art. 2; Story, Confl. Laws, § 580. minates the action, as distinguished from "interlocutory." Final Decree. A decree which finally disposes of the whole question, so that nothing further is left for the court to adjudicate upon. See 2 Daniell, Ch. Pr. (Perkins Ed.) 1199, note. A decree which terminates all litigation on the same right. 1 Kent, Comm. 316. A decree which disposes ultimately of the suit. Adams, Eq. 375. After such decree has been pronounced, the cause is at an end, and no further hearing can be had. Id. 388. A decree which puts an end to the proceedings of the parties in that court. 44 Ala. 478; 95 N. C. 271, A decree which so fixes the rights of the parties that it can be carried into effect without further inquiry thereon. Final Judgment. A judgment which puts an end to the action by declaring that the plaintiff has either entitled himself, or has not, to recover the remedy he sues for. 3 Bl. Comm. 398. A judgment which determines a particular cause, and terminates all litigation on the same right. 1 Kent, Comm. 316. A judgment which cannot be appealed from, but is perfectly conclusive as to the matter adjudicated upon. 24 Pick. (Mass.) 300; 2 Pet. (U. S.) 294; 6 How. (U. S.) 201, 209. A determination of the rights of the parties to the particular suit, though not of all their rights with reference to the subject matter of the suit, is final. 1 Cal. 134. To constitute a final judgment, the case must be finally disposed of as to all parties. 52 U. S. 22; 11 Or. 72; 1 Mo. App. 365. Final Process. "Writs of execution; process issued for the execution of a final judgment. So called to distinguish them from "mesne process," which includes all process issuing before judgment rendered. Final Sentence. That pronounced on the conclusion of the case, as distinguished from the interlocutory sentences rendered during its progress FINALIS CONCORDIA (Lat.) A decisive agreement; a fine; a final agreement. A final agreement entered by the parties by permission of court in a suit actually brought for lands. Subsequently the bringing suit, entry of agreement, etc., became merely formal, but its entry upon record gave a firm title to the plaintiff. 1 Washb. Real Prop. 70; 1 Spence, Eq. Jur. 143; 2 Flintoff, Real Prop. 673; White & T. Lead. Cas. 689. Finis est amicabilis compositio et finalis eoncordia ex consensu et eoncordia domini regis vel justidarum, a fine is an amicable settlement and decisive agreement by consent and agreement of our lord the king or his justices. Glanv. lib. 8, c. 1. litigantiwm ah eo de cetera poterit recidere, such concord is called final because it puts an end to the business, so that neither of the litigants can afterwards recede from it, Glanv. lib. 9, c. 3; Cunningham,