Ad Dig. 20,1,27Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 129, Note 7; Bd. I, § 249, Note 5.Marcellus, Digest, Book V. A certain man gave a slave in pledge, and then placed him in chains for some trifling offence, and afterwards released him; and, because the debtor did not pay the debt, the creditor sold the slave for a lower price than he was worth when pledged. Can an action be brought by the creditor against the debtor because the suit on the loan was not sufficient to enable him to recover the deficiency? What if the debtor should have killed or blinded the slave? If he had killed him, he would be bound to produce him in court, but if he had blinded him, we should grant an action for malicious injury to the amount of the interest of the creditor; because by disabling or confining the slave the debtor had diminished the value of the pledge. Let us suppose that no action will lie on the ground of a loan, for the reason that the case has been lost. I do not think that the matter is unworthy of the attention and assistance of the Prætor. Ulpianus says, in a note, that if the debtor put the slave in chains in order to injure the creditor, he will be liable; but if he did so because he deserved punishment, he will not be.

Marcellus, Digest, Book VIII. A guardian, who is summoned to court, gives security in the usual form. If, in the meantime, the boy arrives at puberty, he cannot be compelled to conduct the case. 1A guardian who has relinquished the administration of the affairs of his ward, after the latter has reached the age of puberty, is not liable for interest on money in his hands which he has already tendered. However, it seems more just to me that he should not be compelled to pay interest if he was not responsible for failure to surrender the guardianship, when it was demanded of him. (Ulpianus says that it is not sufficient for him to have tendered the money, unless he deposited it, sealed up, in some safe place.)

Marcellus, Digest, Book IX. Aristo denies that a codicil is valid where it is made by a person who was ignorant as to whether or not he was the head of the family. Ulpianus states in a note, “Unless he had served in the army, for then his will will be valid”.