3. WHO MAY APPEAL FROM WHOM
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BOOK FORTY-NINE/TIMING OF A N APPEAL 383 demned him to less than the equity of the matter demanded, they appealed from his decision ; while the appeal was pending, the young man came of age. Since all the prosecution of this [case] would be a matter for adults and they can properly defend a case touching their own affairs, should not the claim of those against whom the appeal was lodged, alleging that the first party to go to law ought to state the grounds of appeal, be admitted? The opinion [given] was that those whose tutelage had been administered should not be barred, if they wished, from pursuing the case. The same [principle]is to be observed in curatories, if the [technical] adult reaches the full age [of twenty-five] in the meantime. PERSONS FROM WHOM IT IS NOT PERMITTED TO APPEAL 1 ULPIAN,Appeals, book 1: We must deal [with those persons] from whom it is not lawful to appeal. 1. It is indeed pointless to caution you that it is not possible to appeal from the emperor, since it would be to him himself that the appeal would lie. 2. You should know that it is not possible to appeal from the senate to the emperor, aswas provided in a speech of the deified Hadrian. 3. If anyone before [the giving of]judgment undertakes not to appeal from the judge, there is no doubt that he has forfeited the help of an appeal. 4. Sometimes the emperor has the custom of appointing a judge on such terms that it is not permitted to appeal from him; as I understand, such judges were very frequently appointed by the deified Marcus. Let us see whether any other person can appoint a judge in these terms; my view is that this is not possible. 2 PAUL,Appeals, sole book: Is it lawful to appeal against arbitrators who are appointed to examine$deiussores? Although in this instance [the appointment is] indeed not subject to appeal, some would consider that his decision can be amended by the person who appointed him. WHO MAY APPEAL FROM WHOM 1 ULPIAN,Appeals, book 1: The phrase "the appeal lies to the person who appointed the judge" is to be understood as enabling an appeal to his successor. Similarly, if the urban prefect or the praetorian prefect appoints a judge, he who appointed the judge should hear the appeal. 1. A person who entrusts jurisdiction to another has not himself appellate status; for generally speaking, the appeal from the person to whom jurisdiction has been entrusted will lie to that person to whom appeal would have lain from the person who entrusted his jurisdiction. 2 VENULEIUS SATURNINUS, Duties of Proconsul, book 2: The proconsul can hear appeals from his legates; and if [the legate] has imposed a fine, the proconsul can examine his partiality and pronounce as he thinks best. 3 MODESTINUS, Rules, book 8: When a judge has been appointed by magistrates of the Roman people, of whatever rank, even if they appointed the judge by authority of the emperor who actually nominated him, it is to the magistrates themselves that an appeal will lie. WHEN AN APPEAL IS TO BE MADE AND WITHIN WHAT TIMES 1 ULPIAN,Appeals, book 1: If a provincial governor registers someone on the list for deportation to an island and writes to the emperor [for permission] to deport him, let us see when an appeal should be made, whether when the emperor writes [back to the governor] or when he is written to [by the governor]. I would think that the appeal should be made BOOK FORTY-NINE/TIMING OF AN AP!1EAL 383 demned him to less than the equity of the matter demanded, they appealed from his decision ; while the appeal was pending, the young man came of age. Since all the prosecution of this [case] would be a matter for adults and they can properly defend a case touching their own affairs, should not the claim ofthose against whom the appeal was lodged, alleging that the first party to go to law ought to state the grounds of appeal, be admitted? The opinion [given] was that those whose tutelage had been administered should not be barred, if they wished, from pursuing the case. The same [principle] is to be observed in curatories, if the [technical] adult reaches the full age [of twenty-five] in the meantime. 2 PERSONS FROM WHOM IT IS NOT PERMITTED TO...