Theses iuridicae et inaugurales de appellationibus

XLVII.

Hence, in a case of possession pending an appeal, the possessor must not be disturbed, nor should the Judge of the appeal rashly decree an inhibition against him.

XLIIX.

But so that the things attempted may be rescinded immediately, they must be notorious. For if they require deeper investigation and cannot be proven immediately, they do not suspend the principal cause, but a brief is exhibited, and the lawsuit is contested over them, and thus they are dispatched together with the principal one.

XLIX.

The things that are required to be done from the day the sentence was rendered until the time of prosecuting the appeal devolve upon the appellant to prove before the Judge to whom the appeal is made: namely, that he appealed; and indeed at the just time; and not rashly, but for a just cause, which he must sometimes deduce and prove in the process; and that he prosecuted the appeal within the legitimate time, or the time prescribed by the Judge.

L.

And these things must be held so strictly that if the appellant fails in the proof of either all or only one, the appeal is held as deserted; although in doubt, the Judge ought to choose the milder path and hold and pronounce the appeal as not deserted.