Caecina v. Aebutius

Bruce W. Frier, Autonomy of Law and the Origins of the Legal Profession, 11 Cardozo Law Rev. 259, 262-266 (1989)

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Caecina v. Aebutius

Praetor Urbanus (Ancient Rome) (69 B.C.E.)
Bruce W. Frier, Autonomy of Law and the Origins of the Legal Profession, 11 Cardozo Law Rev. 259, 262-266 (1989)

Facts

Aulus Caecina (plaintiff) claimed entitlement to his late wife’s estate, which included a farm property. Sextus Aebutius (defendant) claimed the farm belonged to Aebutius and, together with armed neighbors, prevented Caecina from entering the property. Caecina returned to Rome and sought an interdict (injunction) against Aebutius from the Urban Praetor based on Aebutius’s use of armed force to prevent Caecina from entering the farm. The Urban Praector appointed a recoverers panel to assess the competing claims. The primary issue for the panel was the legal question of how to interpret the rights to an interdict de vi armata (injunction concerning armed force). In an unusual step, Caecina’s advocate, the famed orator Cicero, presented responsa (statements of law) provided by jurists.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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