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Justinian I · The Digest of Justinian §49.12.1.pr

Duty to Litigate Other Cases Before the Same Judge Despite Appeal

Passage 8520 of 9271 · Latin

Summary

Explains the legal rule that a party who has appealed from a judge in one case must still litigate any other cases before that same judge, and cannot refuse by claiming the judge is biased or offended, as they retain the right to appeal again.

[ULPIANUS libro quarto de appellationibus. ] §49.12.1.prSi quis ex alia causa appellauerit a iudice, an in alia causa eundem iudicem habere necesse habeat, uideamus.
[ULPIAN, On Appeals, Book IV]\n\nLet us consider whether, if someone has appealed from a judge in one case, they are required to have the same judge in another case.
et hodie hoc iure utimur, et, tametsi appellatio interposita sit, tamen apud eundem iudicem, a quo quis prouocauit, compelletur alias causas si quas habet agere: nec utetur hoc praetextu, quasi ad offensum iudicem non debeat experiri, cum possit denuo prouocare.
And today we follow this rule, and, even if an appeal has been filed, a person will nevertheless be compelled to conduct other cases, if they have any, before the very same judge from whom they appealed; nor shall they use the pretext that they ought not to try their case before an offended judge, since they can appeal once again.

Notes

  1. §49.12.1.prSi quis ex alia causa appellauerit a iudice, an in alia causa eundem iudicem habere necesse habeat, uideamus — The main verb uideamus (present subjunctive of exhortation, "let us consider") governs the indirect question clause introduced by an ... habeat. The opening conditional clause Si quis... sets the premise for this indirect question. ex alia causa and in alia causa are used contrastively, meaning "in one case" and "in another case" respectively.
  2. §49.12.1.prexperiri — This is an absolute usage (without a direct object) of the deponent verb experiri as a legal term, meaning "to litigate" or "to go to trial". The prepositional phrase ad offensum iudicem refers to conducting a trial before a judge who has been offended.

Cite this passage

Justinian I, The Digest of Justinian §49.12.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.12.1.pr

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