Javolenus, On Cassius, Book XIV. Ad Dig. 9,2,37 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 455, Note 27.Where a freeman committed an injury with his own hands by order of another, an action under the Lex Aquilia can be brought against the party who gave the order; provided he had the right of commanding; but if he did not have it, proceedings must be instituted against the party who committed the act. 1Where a quadruped, on account of which a right of action exists against its owner because it has committed damage, is killed by another party against whom suit is then brought under the Lex Aquilia, the estimation of the value of said animal must be made, not with reference to what it is actually worth, but to the circumstances under which the right of action for damages exists; and the party who killed the animal must have judgment rendered against him in a suit under the Lex Aquilia to the amount of the interest the plaintiff had to settle the case through surrendering the animal by way of reparation, rather than by paying the damages which have been estimated.

Javolenus, On Cassius, Book XIV. Where a father substitutes an heir for his daughter, who has not yet arrived at puberty, any property which has been received as a legacy by the substitute from the father will not, when the estate passes to the former, be included in the computation made to ascertain the proportion due under the Falcidian Law. 1Where a legacy is claimed, and an oath was made in court by the legatee, the amount due under the Falcidian Law shall not be ascertained from the sum to which the legatee has made oath, but from the true value of the property which is claimed; for what accrues by way of penalty does not come within the scope of the Falcidian Law.

Javolenus, On Cassius, Book XIV. An exception should be granted to the surety of him who, for the purpose of making a donation, promised a sum of money greater than that authorized by law, even against the consent of the principal; for if the latter should not be solvent, the surety will lose the money.

The Same, On Cassius, Book XIV. A serious illness is one which interferes with every kind of business.