Noil debet actori licere quod reo non permittitur. A plaintiff ought not to be allowed what is not permitted to a defendant A rule of the civil law. Dig. 50, 17, 41. Non debet adduci exceptio ejus rei cujus petitur dissolutio. A plea of the same matter the dissolution of which is sought |.by the action] ought not to be brought for- ward. Broom, Max. 100, Non debet alii nocere, quod inter alios actum est. A person ought not to be preju- diced by what has been done between others. Dig. 12, 2, 10. Non debet alteri per alterum iniqua conditio inferri. A burdensome condition ought uot to be brought upou one mau by the act of another. Dig. 50, 17, 74. Non debet cui plus licet, quod minus est non liccre. lie to whom the greater is lawful ought not to be debarred from the less as unlawful. Dig. 50, 17, 21; Broom, Max. 170. Non debet dici tendcre in praejudicium ecclesiastical liberatatis quod pro rege et republica nccessarium videtur. 2 Inst 025. That which seems necessary for the king and the state ought not to be said to tend to the prejudice of spiritual liberty. Non decct bomines dedere causa non cognita. It is unbecoming to surrender men when no cause is shown. In re Washburn, 4 Johns. Ch. (N. Y.) 100, 114, 8 Am. Dec. 548; Id., 3 Wheeler, Cr. Cas. (N. Y.) 473, 4S2.
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