Julianus, Digest, Book V. He who exercises the jurisdiction of another, even if he is a Prætor, still does not do so by his own authority, but every time he acts he administers justice in the place of him by whom he was appointed.

Julianus, Digest, Book V. A judge can be compelled to render a decision with reference to any matter of which he has taken cognizance. 1A judge appointed to render a decision for some particular amount can also decide with reference to a greater one, as this is agreed upon by the litigants. 2Where I once consented to defend an absent party, and joined issue when the defendant was already dead, and I was defeated, and paid the damages; the question arose whether the heir was released, and also what kind of an action I was entitled to against him? I answered that the decision was not valid, as the debtor was already dead when issue was joined, and therefore the heir was not released; but if the party conducting the defence had made payment in accordance with the judgment, while he could not recover the money, still, an action would lie in his favor against the heir on the ground of business transacted; and certainly the heir could protect himself by an exception based on bad faith, if suit was brought against him by the plaintiff.

Julianus, Digest, Book V. Where anyone, by his will, orders ten aurei to be paid to Titius and Seius, these words are in no way ambiguous; as the testator, when he mentioned ten, is understood to have said that ten aurei should be given to each of the legatees.

Julianus, Digest, Book V. The following question has been raised. One of several litigants who was attacked by fever withdrew from the case; if the judge renders a decision in his absence, will he be considered to have acted according to law? The answer was, that dangerous illness demands delay, even if the parties and the judge are unwilling to grant it. Moreover, an illness is considered to be dangerous which offers an impediment to the transaction of business by anyone. What, however, can be a greater impediment to a lawsuit than that revolt of the body against nature which is designated fever? Hence, if one of the parties has a fever at the time when the decision is rendered, it is considered as not rendered at all. Still, it can be said that there is a considerable difference in fevers, for if a person is otherwise healthy and robust, and at the time when the decision was rendered has a slight attack of fever, or if he has a chronic or a quartan fever, and, nevertheless, is able to attend to his affairs, it may be said that his illness is not serious.