The Same, Opinions, Book II. The question has arisen whether a guardian can, in the name of his ward, summon his patroness, without the permission of the Prætor? I have answered the question by stating that he can summon his patroness in the name of his ward, without the Prætor’s consent.

The Same, Opinions, Book II. The son of a family undertakes the defence of his father during his absence; I ask whether he should give security for the payment of the judgment? Paulus replies that anyone who acts in defence of an absent person, even though he be his son or his father, must furnish security to the party asking it under the terms of the Edict.

Paulus, Opinions, Book II. Lucius Titius brought a charge against Gaius Seius, stating that he had suffered injury from him, and read written evidence to that effect in the presence of the prætorian prefect. The prefect, without paying attention to the testimony, ruled: “That Lucius Titius had not suffered any injury at the hands of Gaius Seius”. I ask whether the witnesses whose evidence was rejected are to be considered infamous from having given false testimony? Paulus answered that nothing was shown which would justify that the parties concerning whom the inquiry is made should be considered infamous, since it is not proper where a judgment, either just or unjust, is given in favor of one party for another to be prejudiced by it.

Paulus, Opinions, Book II. Where anyone voluntarily undertakes to defend a minor in a trial, and the latter loses his case, suit can be brought against him to enforce the judgment; and the youth of the party whom he defended will be of no benefit to him in obtaining restitution, since he cannot object to the judgment. From this it appears that the minor, on whose account judgment was rendered against him, cannot apply for the aid of restitution against the decision.

Paulus, Opinions, Book II. The following is a portion of a letter of the Divine Hadrian, “Magistrates, during the year of their office, cannot institute any legal proceedings of their own either as plaintiffs or as defendants; nor can they act officially in any matter in which they are interested on the ground of either guardianship or curatorship. But as soon as the term of their magistracy has expired, it will be just and proper for actions to be brought both for and against them”.

The Same, Opinions, Book II. When a vendor retains one of two estates, and a servitude for the conduct of water is imposed upon it by him, the servitude acquired for the estate which is purchased will follow the same if a sale is afterwards made; nor does it matter whether the stipulation by which it was agreed that a penalty should be promised had reference to the person of the purchaser, and made certain provisions in the event that he should not be permitted to enjoy the servitude.

Paulus, Opinions, Book II. Where a man presented a petition to the Emperor and threatened to bring an accusation for forgery, but did not do so, the question arose whether he was liable to the penalty imposed by the Turpillian Decree of the Senate? Paulus answered that the party in question was not included in the terms of the Turpillian Decree of the Senate.