[IDEM libro octauo ad Plautium. ] §5.1.29.prQui appellat prior, agit.
[THE SAME, in the eighth book on Plautius.] He who appeals first, acts as plaintiff.
Justinian I · The Digest of Justinian §5.1.29.pr
Status of the First Party to Appeal as Plaintiff
Summary
Briefly states the rule that the party who is the first to appeal acts as the plaintiff in the appeal proceedings.
Notes
- §5.1.29.prprior, agit — prior is a nominative adjective functioning adverbially ("first") with appellat. agit (from ago) is used in its technical legal sense, meaning "to act as plaintiff" (actor) or "to bring and conduct the action."
Cite this passage
Justinian I, The Digest of Justinian §5.1.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.29.pr
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