[IDEM libro quarto decimo ad Plautium. ] §46.8.15.prAmplius non peti uerbum Labeo ita accipiebat, si iudicio petitum esset.
[THE SAME, On Plautius, Book XIV] Labeo understood the phrase "that no further claim will be made" in this way, only if a claim had been made by judicial process.
si autem in ius eum uocauerit et satis iudicio sistendi causa acceperit, iudicium tamen coeptum non fuerit, ego puto non committi stipulationem amplius non peti: hic enim non petit, sed petere uult.
But if someone has summoned a person to court and received security for his appearance in court, and yet the trial has not been commenced, I think that the stipulation "that no further claim will be made" is not forfeited; for this person is not making a claim, but wishes to make a claim.
si uero soluta esset pecunia, licet sine iudicio, committitur stipulatio: nam et si quis aduersus petentem compensatione deductioneue usus sit, recte dictum est petisse eum uideri et stipulationem committi amplius non peti.
If, however, the money has been paid, even without a trial, the stipulation is forfeited; for it has been rightly said that even if someone has used a set-off or deduction against a claimant, he is deemed to have made a claim, and the stipulation "that no further claim will be made" is forfeited.
nam et heres, qui damnatus non petere, si horum quicquam fecisset, ex testamento tenetur.
For indeed, the heir who was condemned not to make a claim is liable under the will if he has done any of these things.