Liber quadragesimus nonus
XII.
Apud eum, a quo appellatur, aliam causam agere compellendum
(Where a Party Litigant is Compelled to Bring Another Action Before the Judge From Whose Decision He Has Already Appealed.)
1Ulpianus libro quarto de appellationibus. Si quis ex alia causa appellaverit a iudice, an in alia causa eundem iudicem habere necesse habeat, videamus. et hodie hoc iure utimur, et, tametsi appellatio interposita sit, tamen apud eundem iudicem, a quo quis provocavit, compelletur alias causas si quas habet agere: nec utetur hoc praetextu, quasi ad offensum iudicem non debeat experiri, cum possit denuo provocare.
1Ulpianus, On Appeals, Book IV. When anyone has appealed from a judge in one case, and is compelled to have the same judge preside in another, let us see what course must be pursued. It is the law, at present, that even though an appeal has been taken, the party will still be required to appear before the same judge from whom he has appealed, and conduct other cases if he has any; nor can he avail himself of the pretext that he should not try them before a judge who may be hostile to him, as he can appeal again.