3.1.208 to 3.1.210

(180) An obligation is also extinguished by a joinder of issue, provided the action brought is authorized by law; for then the original obligation is dissolved, and the defendant begins to be held liable by the joinder of issue. But if judgment is rendered against him, the obligation produced by the joinder of issue is disposed of, and he becomes liable under the judgment. This is the reason why it was stated by the ancient authorities that a debtor is compelled to make payment before issue has been joined; for, after this has been done, he will be liable if judgment should be rendered against him, and if he is condemned, he will be compelled to satisfy the judgment. (181) Hence, if I bring a legally authorized action for the collection of a debt, I cannot afterwards, under the strict rule of law, sue a second time, as the statement that the defendant is required to pay me something will be without effect; for the reason that by joinder of issue he ceases to be obliged to make payment. The case is different if in the first place I brought an action derived from the authority of a magistrate; for then the obligation will still continue to exist, and, therefore, by the strict rule of law, I can bring another action; but I can be barred by an exception grounded on a previous judgment, or on a former joinder of issue. We shall explain in a subsequent Commentary what actions are authorized by law, and what are derived from the authority of a magistrate. (182) Let us now pass to obligations which arise from the commission of crime; for instance, where anyone perpetrates a theft or robbery, or damages property, or commits any injury; and the obligation growing out of all these matters is of one kind, while obligations arising from contracts are divided into four classes, as we already have explained.