4.1.73 to 4.1.76

(52) What then is the rule? If the judge decides against the defendant, he must require him to pay a certain sum of money even though no specified amount may have been mentioned in the judgment. The judge should also be careful that, when a certain sum is stated in the judgment, not to require the defendant to pay a larger or a smaller amount, otherwise he makes the case his own. Again, if a limiting clause was inserted, he must take care not to condemn the defendant in a larger amount than is mentioned in said clause, otherwise, he will, in like manner, make the case his own; he is, however, permitted to render a judgment against him for a smaller sum; and even if there should be no limiting clause, he can condemn him in any amount that he may wish. (52a) For the reason that the party who accepts the formula should state the amount which he claims, the judge is not required to render a decree for a larger sum; but the plaintiff cannot make use of the same formula a second time, and he should state in the condemnation the certain sum of money which he claims, in order that he may not recover less than he desires. (53) If anyone claims more than he is entitled to he will lose his case, that is to say, he will lose his property, and he cannot obtain complete restitution through the Prætor; except in certain instances in which the Prætor does not permit all plaintiffs to suffer loss on account of their own errors; for he always comes to the relief of minors under the age of twenty-five years, as in other cases.