ates to time, the constitution
of Zeno prescribes the proper procedure; if it relates to quantity, or
assumes any other form, the plaintiff, as we have remarked above, is
to be condemned in a sum equivalent to three times any loss which the
defendant may have sustained thereby.

34 If the plaintiff in his statement of claim demands less than is his
due, as for instance by alleging a debt of five aurei, when in fact he
is owed ten, or by claiming only half of an estate the whole of which
really belongs to him, he runs no risk thereby, for, by the constitution
of Zeno of sacred memory, the judge will in the same action condemn the
defendant in the residue as well as in the amount actually claimed.

35 If he demands the wrong thing in his statement of claim, the rule is
that he runs no risk; for if he discovers his mistake, we allow him
to set it right in the same action. For instance, a plaintiff who is
entitled to the slave Stichus may claim Eros; or he may allege that he
is entitled to a conveyance under a will, when his right is founded in
reality upon a stipulation.

36 There are again some actions in which we do not always recover the
whole of what is due to us, but in which we sometimes get the whole,
sometimes only part. For instance, if the fund to which our claim looks
for satisfaction be the peculium of a son in power or a slave, and it
is sufficient in amount to meet that claim, the father or master is
condemned to pay the whole debt; but if it is not sufficient, the
judge condemns him to pay only so far as it will go. Of the mode of
ascertaining the amount of a peculium we will speak in its proper place.

37 So too if a woman sues for the recovery of her dowry, the rule is
that the husband is to be condemned to restore it only so far as he is
able, that is, so far as his means permit. Accordingly, if his means
will enable him to restore the dowry in full, he will be condemned to do
so; if not, he will be condemned to pay only so much as he is able. The
amount of the wife's claim is also usually lessened by the husband's
right of retaining some portion for himself, which he may do to the
extent of any outlay he has made on dowry property, according to
the rule, stated in the larger work of the Digest, that a dowry is
diminished by operation of law to the extent of all necessary outlay
thereon.

38 Again, if a man goes to law with his parent or patron, or if one
partner brings an action of partnership again