De sententia, re iudicata, appellationibus, & executione rei iudicatae, Theses L

ON JUDGMENT, RES
JUDICATA, APPEALS,
& Execution of Res Judicata.

THESIS I.
A sententia judgment/sentence is a decree of a judge, for the purpose of settling a controversy, formally interposed with either acquittal or condemnation.

II.
A judge can deliver a sentence, and indeed one who is competent, of sound mind, and not under eighteen years of age. However, the decision of an arbiter is less properly called a sentence.

III.
Every sentence must contain an acquittal or condemnation, and that a certain one, in cases where a certain one can be delivered.

IIII.
From which it appears that an interlocution an intermediate ruling of a judge, which is delivered upon some incidental case and pertains to the preparation for ending the lawsuit, is not a sentence.

V.
In both acquitting and condemning, the judge must labor to ensure that the sentence is in conformity with the written pleading, and that it does not deviate from the laws and customs.

VI.
But it must also be delivered solemnly, with the order of the courts preserved.

VII.
Solemnity consists in this, that it be pronounced in writing, before the tribunal, in the daytime, and on a non-holiday.

VIII.
The order of the courts requires that, once the lawsuit is contested the formal stage where issues are joined, and