PLUS PETITIO

In Roman law. A phrase denoting the offense of claiming more than was just in one’s pleadings. This more might be claimed in four different respects; viz.: (1) Re, i.e., in amount, (e.g., 50 for 5;) (2) loco, i. 6.. in place, (e. p., delivery at some place more difficult to effect than the place specified;) (3) tempore, i. e” in tlniiei (e.g., claiming payment on the 1st of August of what is not due till the 1st of September;) and (4) causa, i.e., In quality (e. p., claiming a dozen of champagne, when the contract was only for a dozen of wine generally.) Prior to Justinian’s time, this offense was in general fatal to the action; but under, the legislation of the emperors Zeno and Justinian, the offense (if re, loco, or causa) exposed the party to the payment of three times the damage, if any, sustained by the other side, and (If tempore) obliged him to postpone his action for double the time, and to pay the costs of his flrst action before commencing a second. Brown. Plus valet consuetudo quant coneetslo. Custom is more powerful than grant Plus valet unni coulatua testis quam auriti deeem. One eye-witness is of more weight than ten ear-witnesses, [or those who speak from hearsay.] 4 Inst 279. Plas vident oeuli quam oenlns. Several eyes see more than one. 4 Inst. 160.