4.1.120 to 4.1.124

(82) In the next place we should note that we can either sue in our own names, or in that of another, as for instance, our agent, attorney, guardian, or curator, while formerly, when the legis actionis were employed, a man could not bring an action in the name of another, except in certain cases. (83) Moreover, the attorney in an action is appointed by prescribed forms of words in the presence of the adverse party. The plaintiff appoints an attorney as follows: "Whereas, I am bringing an action against you (for example) to recover a certain tract of land; I appoint Lucius Titius my attorney against you in this matter." The adverse party makes his appointment as follows: "Whereas, you have brought an action against me to recover a tract of land, I appoint Publius Mævius my attorney against you in this matter." The plaintiff may make use of the following words: "Whereas, I desire to bring an action against you, I appoint Lucius Titius my attorney in this matter." The defendant says: "Whereas, you desire to bring an action against me, I appoint Publius Mævius my attorney in this matter." It makes no difference whether the attorney appointed is present, or absent; but if an absent person is appointed, he will only become the attorney if he accepts and undertakes the duties of the office. (84) An agent, however, is substituted in the case without the use of any special forms of words, merely by mandate alone, and his appointment can be made during the absence, and without the knowledge of the adverse party. Moreover, there are some authorities who hold that one can become an agent, without having been directed to do so, [1] Original manuscript illegible.