← Justinian I

The Digest of Justinian

§5.1.29.pr

Status of the First Party to Appeal as Plaintiff

Briefly states the rule that the party who is the first to appeal acts as the plaintiff in the appeal proceedings.

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[IDEM libro octauo ad Plautium.]

[THE SAME, in the eighth book on Plautius.]

§5.1.29.pr

​Qui appellat prior, agit.1

​He who appeals first, acts as plaintiff.

Syntax notes1 item
  1. 5.1.29.prprior, agit

    prior is a nominative adjective functioning adverbially ("first") with appellat. agit (from ago) is used in its technical legal sense, meaning "to act as plaintiff" (actor) or "to bring and conduct the action."

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.29.pr