[MARCIANUS libro primo de appellationibus. ] §49.1.5.prA sententia inter alios dicta appellari non potest nisi ex iusta causa, ueluti si quis in coheredum praeiudicium se condemnari patitur uel similem huic causam (quamuis et sine appellatione tutus est coheres): item fideiussores pro eo pro quo interuenerunt.
[MARCIAN, from the first book on appeals.] It is not permitted to appeal from a judgment rendered between other parties, except for a just cause; as, for instance, if anyone allows himself to be condemned to the prejudice of his co-heirs, or for a cause similar to this (although the co-heir is safe even without an appeal): likewise, guarantors [can appeal] on behalf of him for whom they intervened.
igitur et uenditoris fideiussor emptore uicto appellabit, licet emptor et uenditor adquiescant.
Therefore, even the seller's guarantor will appeal if the buyer is defeated, although the buyer and the seller acquiesce.
§49.1.5.1Si heres institutus uictus fuerit ab eo, qui de inofficioso testamento agebat, legatariis et qui libertatem acceperunt permittendum est appellare, si querantur per collusionem pronuntiatum: sicut diuus Pius rescripsit.
If an instituted heir has been defeated by one who brought an action regarding an inofficious testament, the legatees and those who received their freedom must be permitted to appeal, if they complain that the judgment was rendered through collusion: as the divine Pius stated in a rescript.
§49.1.5.2Idem rescripsit legatarios causam appellationis agere posse.
The same emperor stated in a rescript that legatees can conduct the case of an appeal.
§49.1.5.3Sed et si in fraudem suam transactionem factam ab eo qui appellasset dicerent, idem dicendum est.
But also if they should say that a transaction was made by him who had appealed, in fraud of their rights, the same must be said.
sed et sine appellatione si fuerit transactum, similiter rescriptum est.
But also if a transaction was made without an appeal, a similar rescript was issued.
§49.1.5.4Si quis ipso die inter acta uoce appellauit, hoc ei sufficit: sin autem hoc non fecerit, ad libellos appellatorios dandos biduum uel triduum computandum est.
If anyone has appealed orally during the proceedings on the very day, this is sufficient for him; but if he has not done this, a period of two or three days must be computed for presenting written appeals.