Ulpianus, On all Tribunals, Book IV. It is stated in an Address of the Divine Marcus that no one can compel another to go to trial in the seasons of harvest and vintage; because being occupied in agricultural pursuits, he should not be compelled to appear in court. 1If, however, the Prætor, either through ignorance or neglect, should continue to summon the parties, and they should voluntarily appear, and he should render judgment in the presence of the litigants, who are here of their own accord, the judgment will be valid, even though he who summoned them acted improperly; but if he should render judgment in their absence, and while they continued to remain away, it follows that it must be held that his judgment is of no effect; for the act of the Prætor can not abrogate the law. The judgment therefore becomes void without appeal. 2There are, however, certain cases which must be excepted, and in which we may be compelled to appear before the Prætor during the seasons of harvest and vintage, namely, where the property in question will be lost by lapse of time; that is to say, where delay will deprive the party of his right of action. And, in fact, when the matter is urgent, we can be forced to appear before the Prætor, but this only can be done in order that issue may be joined; and it is so stated in the words of the aforesaid Address, for, after issue has been joined, if either of the parties refuses to proceed, the Address grants him delay.

The Same, On All Tribunals, Book IV. After an interval of not less than ten days;

The Same, On All Tribunals, Book IV. In the peremptory citation the magistrate who issues it gives notice that he will hear and decide the case even should the other party be absent.

The Same, On All Tribunals, Book IV. After a peremptory citation has been obtained, and as soon as the day mentioned therein arrives, the absent party must be called; and whether he answers, or not, the case must proceed and decision be rendered, but not always in favor of the party who is present; for sometimes the absent party may prevail if he has a good case. 1But if the party who obtained the peremptory citation is absent on the day appointed for the hearing, and he against whom it was obtained is present, the peremptory citation must be annulled, and the cause shall not be heard, nor shall a decision be rendered in favor of the party who is present. 2If the citation is annulled, let us consider whether the defendant can be sued again, and whether the right of action still remains, or whether merely the proceeding relating to this citation is annulled? The better opinion is, that it only is annulled, and that the parties can litigate again. 3It should be borne in mind that where an absent party has a judgment rendered against him on account of a peremptory citation, and appeals, he shall not be heard; that is, if he was absent through contumacy; but if he was not, he should be heard.

The Same, On All Tribunals, Book IV. In rendering judgment, it is sufficient if the judge mentions the amount, and orders it to be paid or furnished, or makes use of any other term which has this signification. 1It is, moreover, set forth in a rescript, that even if the amount is not stated in the decision, but the party who brought suit mentioned it, and the judge says, “Pay what is claimed,” or “As much as is claimed,” the decision will be yalid. 2When magistrates render a judgment for the principal, and with reference to the interest add, “If any interest is due, let it be paid,” “Or let what interest is due be paid,” their judgment is not valid; for they ought to ascertain the amount of interest and establish it by their decision. 3If anyone, having received a peremptory summons, has judgment rendered against him after his death, it will not be valid, because a peremptory summons is of no effect after the death of the defendant; and hence the judge must take cognizance of the case, just as if matters remained unchanged, and decide as seems to him best.