restricted access 8. JUDGMENTS WHICH MAY BE RESCINDED WITHOUT AN APPEAL
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BOOK F O R T Y - N I N E / R E S C I N D E D J U D G M E N T S 387 a person having the right of deportation or registered [on the list of deportees], he shall not suffer fetters nor any other affront which is suffered by a person who had acquiesced in his sentence; for with the lodging of the appeal, his status is seen as remaining intact. 4. Accordingly, should he have been ordered not to serve as a decurion and he appeals, by the same reasoning, he can take part in meetings, since it is both laid down in constitutions and a matter of law that nothing new is to be done while an appeal is pending. 5. If anyone condemned for a number of crimes appeals against some of [the convictions] and not against others, should his punishment be postponed or not? If, indeed, there were a number of more serious charges in respect of which the appeal was lodged and a minor one in respect of which he did not appeal, then by all means his appeal should be accepted and punishment postponed; if, however, he earned the heavier sentence on the count against which there was no appeal, then by all means the penalty should be imposed. JUDGMENTS WHICH MAY BE RESCINDED WITHOUT AN APPEAL 1 MACER, Appeals, book 2: We must remember that if the question is asked whether judgment has been given or not, and the judge of the case states that judgment has not been given, [in that case] even if judgment was given, it is rescinded without the need for an appeal. 1. Again, if there is stated to have been an error in the calculation of the judgment , an appeal is unnecessary, as, for example, if the judge pronounces: "Since it is agreed that Titius owes Seius fifty on one count and twenty-five on another, I accordingly condemn Lucius Titius to pay Seius one hundred." For since the error is one of computation, an appeal is unnecessary, and it is corrected without going to appeal. And if the judge of the case confirms the sentence of one hundred, if, indeed, his reason is that he thinks fifty and twenty-five make one hundred, then it is still the same error of computation and an appeal is unnecessary; but if it was because he says that there were other counts [amounting to] twenty-five, there is room for an appeal. 2. Again, should judgment be given contrary to the imperial constitutions, the need for an appeal is relaxed. Judgment is given contrary to the constitutions when it is pronounced with regard [only] to the legal force of a constitution and not to the legal right of the litigant. For if a judge tells a person seeking to be relieved of the charge of a public duty or of a tutelage by virtue of having children or of age or privilegium, that neither sons nor age nor any privilegium can serve to relieve one of a public duty or tutelage, he is understood to have pronounced on the basis of constituted law; but had he allowed him to bring proof of his legal rights, but given judgment against him because he found that he had failed to prove his age or the number of his children, he is understood to have pronounced on the legal right of the litigant in which case an appeal is necessary. 3. Again, the constitutions show that when condemnation takes place following a peremptory summons which is neither published nor comes to the attention of the absent [defendant], the judgment is of no effect. 4. Should we make claims against each other before the same judge, if my claim and yours were [both] exclusive of interest, and the judge condemned me before you so that you may first treat me as condemned, it is not necessary for me to appeal on this ground when, in accordance with the imperial constitutions , you cannot ask for execution of judgment against me before judgment has been given on my claim as well. But the prevailing view is that an appeal should be lodged. 2 PAUL,Replies, book 3: Paul gave the opinion that a person who was no longer alive at the time judgment was given appears to have been condemned without effect. 1. The same Ijurist] gave the opinion, as regards a man who was no longer alive...


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