[MACER libro primo de appellationibus. ] §49.1.4.prAb exsecutore sententiae appellare non licet.
[MACER, from the first book on appeals.] It is not permitted to appeal from the executor of a judgment.
§49.1.4.1Sed ab eo, qui sententiam male interpretari dicitur, appellare licet, si tamen is interpretandi potestatem habuit, uelut praeses prouinciae aut procurator Caesaris: ita tamen, ut in causis appellationis reddendis hoc solum quaeratur, an iure interpretatum sit: idque etiam diuus Antoninus rescripsit.
But it is permitted to appeal from him who is said to have interpreted the judgment incorrectly, provided, however, that he had the authority to interpret it, such as the governor of a province or the procurator of Caesar: yet in such a way that, in presenting the grounds of appeal, this alone is inquired into, namely, whether it was interpreted lawfully; and this the divine Antoninus also stated in a rescript.
§49.1.4.2Alio condemnato is cuius interest appellare potest.
When another person is condemned, he who has an interest can appeal.
qualis est, qui per procuratorem expertus uictus est nec procurator suo nomine appellet.
Such is the case of one who, having litigated through a procurator, has been defeated, and the procurator does not appeal in his own name.
§49.1.4.3Item si emptor de proprietate uictus est, eo cessante auctor eius appellare poterit: aut si auctor egerit et uictus sit, non est deneganda emptori appellandi facultas.
Likewise, if a buyer is defeated in a suit concerning ownership, and he fails to act, his warrantor can appeal; or if the warrantor has litigated and been defeated, the faculty of appeal must not be denied to the buyer.
quid enim, si uenditor, qui appellare noluit, idoneus non est? quin etiam si auctor appellauerit, deinde in causae defensione suspectus uisus sit, perinde defensio causae emptori committenda est, atque si ipse appellasset.
For what if the seller, who refused to appeal, is insolvent? Nay, even if the warrantor has appealed, and then appears suspect in the defense of the case, the defense of the case must be entrusted to the buyer just as if he himself had appealed.
§49.1.4.4Idque ita constitutum est in persona creditoris, cum debitor uictus appellasset nec ex fide causam defenderet.
And this has been so established in the case of a creditor, when a debtor, having been defeated, has appealed but does not defend the case in good faith.
quae constitutio ita accipienda est, si interueniente creditore debitor de pignore uictus prouocauerit: nam absenti creditori nullum praeiudicium debitor facit, idque statutum est.
This constitution must be understood to apply if, with the creditor intervening, the debtor, having been defeated concerning the pledge, has appealed; for the debtor does not prejudice the absent creditor, and this has been decreed.
§49.1.4.5Si procurator, qui iudicio interfuit, uictus sit, an ipse quoque per procuratorem appellare possit, uideamus, quia constat procuratorem alium procuratorem facere non posse.
If a procurator who took part in the trial is defeated, let us see whether he himself can also appeal through a procurator, since it is well established that a procurator cannot appoint another procurator.
sed meminisse oportet, quod procurator lite contestata dominus litis efficitur: et ideo et per procuratorem appellare potest.
But we must remember that a procurator becomes the master of the suit once issue has been joined; and therefore he can also appeal through a procurator.