[IDEM libro nono decimo responsorum. ] §49.1.23.prEx consensu litigantium citra compromissum a praeside prouinciae iudice dato uictus potest prouocare.
[THE SAME, On Responses, Book XIX.] By the consent of the litigants, without an arbitration agreement, if a judge is appointed by the governor of the province, the defeated party can appeal.
§49.1.23.1Cum procurator Caesaris, qui partibus praesidis non fungebatur, in lite priuatorum ius dandi iudicis non habuisset, frustra prouocatum ab ea sententia constitit, quae non tenebat.
Since the procurator of Caesar, who was not performing the duties of a governor, did not have the right to appoint a judge in a lawsuit of private individuals, it was established that the appeal was made in vain against a judgment that was not binding.
§49.1.23.2Filium familias, cum aduersus patrem eius de bonis, quae per ipsum poterant adquiri, pronuntiatum esset, respondi non nisi patris nomine potuisse prouocare.
I responded that a son in power, when a judgment had been rendered against his father regarding property which could be acquired through the son himself, could appeal only in the father's name.
§49.1.23.3Eum, qui cognouit edictum peremptorium, secundum ordinis causam dati placuit non recte prouocasse, cum in eius potestate fuerit ante diem praestitutum pro tribunali respondentem aut defensum edicti denuntiationem rumpere.
It was held that a person who had notice of a peremptory edict, issued in accordance with the course of the proceedings, did not appeal rightly, since it was within his power, before the appointed day, to break the force of the notification of the edict by answering before the tribunal or by being defended.