Marcianus, On Appeals, Book I. An appeal cannot be taken from a decision affecting other parties, unless for some good reason; for instance, where a man has permitted himself to be convicted to the prejudice of his co-heir, or for some similar cause, although the co-heir may be secure even without an appeal. Likewise, where sureties appeal in behalf of him for whom they have become responsible. Therefore the surety of a vendor can appeal if the purchaser is defeated, even though both the purchaser and the vendor may acquiesce in the decision. 1When a testamentary heir is defeated by someone who brings an action on the ground that a will is inofficious, the legatees and those who have received their freedom are permitted to appeal, if they complain that the judgment has been obtained by collusion; as the Divine Pius stated in a Rescript. 2He also stated in a Rescript that legatees could appeal. 3The same must be said if they allege that the appellant has been concerned in a fraudulent transaction, to their prejudice. 4The same rule has been laid down in a Rescript as applicable, where a compromise has been effected without an appeal. When anyone, upon the same day, appeals verbally during the proceedings, this will be sufficient. If, however, he should not do so, two or three days should be computed to enable him to file his appeal.

Marcianus, On Appeals, Book I. When a certain man, being apprehensive of the violence of the judge, gave notice of appeal, not only to the court from which he appealed, but published it, the Divine Severus excused him, and permitted him to prosecute the appeal.

Marcianus, On Appeals, Book II. After an appeal has been filed, letters should be sent by the official from whom the appeal is taken, to him who is to hear it, whether this be the Emperor, or someone else; which letters are called notices, or dispatches. 1The form of these letters is as follows, for instance: “Lucius Titius has appealed from the decision of So-and-So, rendered between him and So-and-So.” 2It is sufficient to have demanded these notices earnestly and frequently within the prescribed time, and if the judge does not accede to the demand, this can be proved by witnesses; for the Imperial Constitutions require that the party who applies for such a notice should do so with vehemence. Therefore, it is but just that, if he who should grant the notice is to blame for not doing so, this shall not prejudice the person who made the demand.

Marcianus, On Appeals, Book II. This privilege is granted to those who are absent on business for the State, in order that they may not be required to defend themselves.