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Definition of PLUS PETITIO

In Roman law. A phrase denoting the offense of claiming more thau was just In one’s pleadings. Thlfc mord might be claimed ln 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 efTect than the place specified;) (3) tempore, i. e., in time; (e. g., claiming payment on the 1st of Au-gust 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 tiie con-tract 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 Justln-lan, 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


Black's Law Dictionary 2nd edition

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