[IULIANUS libro quadragesimo quinto digestorum. ] §47.10.36.prSi filii nomine cum patre iniuriarum agere uelim et is procuratorem det, non intellegitur filius defendi, nisi iudicatum solui satisdetur: et ideo actio aduersus filium, tamquam a patre non defendatur, danda erit.
[JULIANUS in the forty-fifth book of the Digests.] If I should wish to bring an action for injuries against a father on account of his son, and he appoints a procurator, the son is not understood to be defended unless security is given for the payment of the judgment; and therefore, an action against the son, just as if he were not defended by his father, must be granted.