Responsa על סנהדרין 62:16
Teshuvot Maharam
Q. One of two opposing litigants wants his case to be tried by the local court of Rothenburg, while the other litigant insists on bringing it before the Beth Havaad (superior court) at Marienburg.
A. The Talmud differentiates between litigants, giving a creditor the right to choose the court for the trial of his case (Sanh. 31b). At present, however, an ordinance of the communities prevails to the effect that, in a place where an authoritative court exists, no litigant may insist on taking his case before the Beth Havaad. Therefore, the litigants (of Rothenburg) must choose a court that will hear their claims; and the court, in turn, will refer their claims to a superior court of its own choosing.
SOURCES: P. 290. Cf. Weil, Responsa 155.
A. The Talmud differentiates between litigants, giving a creditor the right to choose the court for the trial of his case (Sanh. 31b). At present, however, an ordinance of the communities prevails to the effect that, in a place where an authoritative court exists, no litigant may insist on taking his case before the Beth Havaad. Therefore, the litigants (of Rothenburg) must choose a court that will hear their claims; and the court, in turn, will refer their claims to a superior court of its own choosing.
SOURCES: P. 290. Cf. Weil, Responsa 155.
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