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In the one, the maxim in pari delicto potior est conditio defendentis, and the invalidity of contracts contemplating it, show that the conduct is outside the protection of the law. In the other, it is otherwise. /1/ This opinion is confirmed by the fact, that almost the only cases in which the distinction between prohibition and taxation comes up concern the application of these maxims.
Now, is not this a case for the application of the principle, In pari causa possesser potior habetur? Should not the actual possessor be preferred to the evicted possessor? Can he not meet the complaint of his adversary by saying to him: 'Prove that you were an annual possessor before me, for you are the plaintiff.
"Militia est potior," I said, capping his tag from Flaccus' first satire, without reflecting whereto he was luring me. "I knew it!" he cried, waving his pipe triumphantly at his wife. "And you haven't run away from school?" "Indeed I have not, sir. I left school some months ago." The lady smiled at his crestfallen look.
Even as your other worships, answered Bridlegoose; for I give out sentence in his favour unto whom hath befallen the best chance by dice, judiciary, tribunian, pretorial, what comes first. So our laws command, ff. qui pot. in pign. l. creditor, c. de consul. 1. Et de regul. jur. in 6. Qui prior est tempore potior est jure.
They have all the same directness, which sometimes becomes a splendid simplicity. One note, reproaching him for a supposed infidelity Si tibi cura togae potior pressumque quasillo Scortum quam Servi filia Sulpicia has all the noble pride of Shakespeare's Imogen.
You are mistaken in your application of the principle, In pari causa possessor potior habetur: the actuality of possession here refers to him who possessed at the time when the difficulty arose, not to him who possesses at the time of the complaint.
Quod ad me attinet, jam pridem mihi decretum est, neque exercitus neque ducis terga tuta esse. Proinde et honesta mors turpi vita potior; et incolumitas ac decus eodem loco sita sunt: nec inglorium fuerit, in ipso terrarum ac naturae fine cecidisse."
'Prior in tempore, Potior in jure'. Prudence bids us attack our enemy. Be so kind, if you please, to call here at three o'clock in the afternoon." "I will not fail to do so, and in the meanwhile here are six louis." "I will keep account of my expenditure on your behalf." "I want you not to spare money." "Sir, I shall spend only what is absolutely necessary."
'Prior in tempore, Potior in jure'. Prudence bids us attack our enemy. Be so kind, if you please, to call here at three o'clock in the afternoon." "I will not fail to do so, and in the meanwhile here are six louis." "I will keep account of my expenditure on your behalf." "I want you not to spare money." "Sir, I shall spend only what is absolutely necessary."
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