1Ulpianus, Appeals, Book IV. It is frequently asked whether the reasons for an appeal can be stated by another person, and this point is usually discussed in pecuniary and criminal cases. It is established by Rescripts that this can be done in pecuniary cases. The terms of one Rescript are as follows: “The Divine Brothers, to Longinus. If he who appealed directed you to defend him against the appeal which Pollia took against him, and the case is a pecuniary one, there is nothing to prevent you from answering in his name. If, however, the case is not a pecuniary one, but one involving the punishment of death, it is not permitted to proceed by an attorney. But if it is one in which a penalty as serious as relegation can be enforced, it is not necessary to act by another, but it should be noted that the party himself must appear in court.” It is clear that if the case is a pecuniary one, from which infamy may result, it can be conducted by means of an attorney. This opinion should be adopted, not only if the accuser should appeal, but also with reference to him against whom the appeal was taken; and, generally speaking, an appeal cannot be taken by another in any case where one person cannot appear by another.

2Macer, Appeals, Book II. When the attorney of an absent party appeals, and afterwards gives his reasons for doing so, he will, nevertheless, be obliged to answer. If, however, he fails to do so, can the party to the suit answer, as in the case of a minor? is a question which we should consider. We rather incline to the opinion that he ought to be heard in giving the reasons for the appeal, who, as the attorney of the absent party, applied for it.