Plus Petitio

Defined in 3 dictionaries — Cyclopedic (1922), Ballentine's (1916), Black's (1910)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

In Roman law. A phrase denoting the offense of claiming more than was jus^ in one's pleadings. This "more" might be claimed in four different respects, viz.: (1) Re, i. e., in amount (e. fl'., £50 for £5); (2) loco, i. e., in place (e. g., delivery at some place more difficult to effect of August of what is not due till the 1st of September); and (4) causa, i. e., in quality (e. g., claiming a dozen of champagne, when the contract was only for a dozen of wine generally). Prior to Justinian's time, this offense was in general fatal to the action; but, under the legislation of the emperors Zeno and Justinian, the offense (if re, loco, or causa) exposed the party to the payment of three times the damage, if any, sustained by the other side, and (if tempore) obliged him to postpone his action for double the time, and to pay the costs of his first action before commencing a second. Brown. PLUS VALET CONSUETUDO QUAM concessio. Custom is more powerful than grant. PLUS VALET UNUS OCULATUS TEStis, quam auriti decern. One eye witness is better than ten ear ones. 4 Inst. 279.

Ballentine's Law Dictionary

James A. Ballentine · 1916

(Roman Law) A demand of too much, i. e., more than was due.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

In Roman law. A phrase denoting the offense of claiming more than was just in one's pleadings. This more might be claimed in four different respects, viz.;
(1) Re, i. e., in amount, (e. g., £50 for £5;)
(2) loco, i. e., in place, (e. g., delivery at some place more difficult to effect than the place specified;)
(3) tempore, i. e., in time, (e. g., claiming payment on the 1st of August of what is not due till the 1st of September;) and
(4) causa, i. e., in quality, (e. g., claiming a dozen of champagne, when the contract was only for a dozen of wine generally.) Prior to Justinian's time, this offense was in general fatal to the action; but, under the legislation of the emperors Zeno and Justinian, the offense (if re, loco or causa) exposed the party to the payment of three times the damage, if any, sustained by the other side, and (if tempore) obliged him to postpone his action for double the time, and to pay the costs of his first action before commencing a second. Brown.