[ULPIANUS libro sexto fideicommissorum. ] §2.1.19.prCum quaedam puella apud competentem iudicem litem susceperat, deinde condemnata erat, posteaque ad uiri matrimonium alii iurisdictioni subiecti peruenerat, quaerebatur, an prioris iudicis sententia exsequi possit.
[ULPIAN, on Trusts, Book VI.] When a certain girl had undertaken a lawsuit before a competent judge, and had then been condemned, and afterwards had married a husband subject to another jurisdiction, it was asked whether the judgment of the prior judge could be executed.
dixi posse, quia ante fuerat sententia dicta: sed et si post susceptam cognitionem ante sententiam hoc eueniet, idem putarem, sententiaque a priore iudice recte fertur.
I said that it could, because the judgment had been pronounced before. But even if this should happen after the trial is undertaken but before the judgment, I would think the same, and the judgment is rightly rendered by the prior judge.
quod generaliter et in omnibus huiuscemodi casibus obseruandum est.
This is to be observed generally and in all cases of this kind.
§2.1.19.1Quotiens de quantitate ad iurisdictionem pertinente quaeritur, semper quantum petatur quaerendum est, non quantum debeatur.
Whenever there is a question concerning the amount pertaining to jurisdiction, it must always be asked how much is claimed, not how much is owed.