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

or because of recently discovered evidence, or because of discovered innocence.

XVII.

Except sometimes in public business: or when a sentence has been pronounced based on false testimonies or instruments, or from a false oath taken by the judge.

XVIII.

From a res judicata, not only an exception a legal defense arises, but also an action of the judged matter, which is perpetual and seeks the thing itself, and is given to the victor against the heir and from the heir.

XIX.

Regularly, a res judicata benefits and harms those between whom the matter was judged in court: but it does not harm others, unless they knew and allowed it, when they could have prevented it.

XX.

An execution ought to follow a res judicata, unless it has been suspended by an appeal.

XXI.

An appeal is a provocation made gradually from the sentence of a lower judge to a higher one under the pretext of a grievance.

XXII.

I say gradually: because one must always appeal to the nearest: such as from a delegated judge to the ordinary one. However, it is not rightly appealed from him to whom jurisdiction has been mandated, to the one who mandated it.

XXIII.

One type of appeal is judicial, which is interposed in court from a sentence by civil law: or even from an interlocution, according to the canons.

XXIV.

Another is extrajudicial, which is made from some extrajudicial act, such as from an election, postulation, or nomination, made outside the court.