Theses iuridicae et inaugurales de appellationibus

XIX.

It happens not rarely, however, that even extrajudicial and interlocutory preliminary matters are competent, from which one can also provoke by Civil Law: when, indeed, they have the force and form of a judicial definitive sentence, or cannot be repaired by a definitive one from there.

XX.

On the contrary, some sentences, although they are definitive and rendered judicially, are nevertheless so privileged that they cannot be rescinded by appeal either by Civil or Canon Law: namely, sentences rendered in cases of tithes; in possessory cases; when a creditor acts by hypothecary mortgage-related suit to reclaim a pledge; and in notorious facts, in which case a reasonable cause must be inserted in the appeal.

XXI.

What was said about the possessory case, that an appeal is not admitted, must be understood concerning the sentence of temporary possession, the grievances of which can be amended in a case of property without an appeal.

XXII.

Numbered among the privileged sentences are also those by which it is ordered that a testament be opened, and an heir be put into possession; likewise, one rendered in a case of the nomination of a public office; regarding an oath offered or referred, which he to whose conscience the case was committed bore according to his conscience: and briefly all, as many as either by Civil Law, or...