PLUS PETITIO

plus petitio (pl<<schwa>>s p<<schwa>>-tish-ee-oh). [Latin “overclaim” or “claiming too much”] Roman law. A claim for more than is due; esp., the mistake of claiming more in one’s pleadings than is due. • This was fatal to the action under classical law. Under cognitio extraordinaria, however, a claimant could continue the action, but could be liable for treble damages to any person injured by the overstated claim. — Also spelled (erroneously) pluspetitio. — Also termed pluris petitio.

“A plaintiff may overclaim … in substance (re) when he claims a bigger amount than is due to him; in time (tempore) when he claims before the payment is due; in place (loco), when he claims at a place (in a city) other than that where the payment had to be performed … or in cause (causa) when he claims a certain thing although the debtor had the right to choose between two or more things…. After the abolition of the formula-regime the pluspetitio lost its actuality. Imperial legislation modified the severe provisions against overclaims…. In Justinian’s law the plaintiff lost the case only if he maliciously persisted during the whole trial in his overclaim.” Adolf Berger, Encyclopedic Dictionary of Roman Law 633 (1953).

[Blacks Law 8th]