Transit In Rem Judicatam Legal Definition: Latin: The cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the higher. Related Terms: In Rem In King v. Hoare, Justice Parke explained the principle as follows:"[T]he judgment is a bar to the original cause of action, because it is thereby reduced to a certainty, and the object of the suit attained.... Hence the legal maxim, transit in rem judicatam, the cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the higher."More recently, in Dassen, Justice O'Leary referred to King v Hoare and transit in rem judicatam in writing:"The general common law rule is that a judgment against one joint debtor will bar a separate action against other joint debtors, even if the first judgment remains unsatisfied, since the obligation merges in the judgment. A cause of action against several joint debtors merges in a judgment against one of them since the judgment is of a higher nature than a mere cause of action...."The (transit in rem judicatam) principle does not apply where the judgment is foreign since a foreign judgment is not considered to be of a higher nature than a domestic cause of action."REFERENCES:Arbitus Leasing Ltd. v. X-Zibit A Inc., 2006 ABQB 764Dassen Gold Resources Ltd. v. Royal Bank, 161 A.R. 161 (1994)King v. Hoare, 153 E.R. 206 (1844) Categories & Topics: Dictionary of Latin Law Terms Duhaime's Civil Litigation & Evidence Law Dictionary Unless otherwise noted, this page was written by Lloyd Duhaime of Duhaime.org Always looking up definitions? Save time with our search provider (modern browsers only) If you find an error or omission in Duhaime's Law Dictionary, or if you have suggestion for a legal term, we'd love to hear from you!