Callistratus Against Olympiodorus, an Action for Damages (21-25)

So Olympiodorus found in this another excuse for not paying me the money, since there were many who were laying claim to the estate; and he said that I must wait until the suits were settled. And I had to consent to this, and I did consent.

After this the defendant Olympiodorus and I took counsel together, as we had sworn to do, to determine the best and safest way to deal with the other claimants. And we decided, men of the jury, that the defendant Olympiodorus should lay claim to the whole estate, and that,I should claim a half, seeing that my brother Callippus claimed a half only.

When all the claims had been heard before the archon, and the cases were due to be tried in court, the defendant Olympiodorus and I were wholly unprepared for an immediate trial because those who had suddenly appeared as claimants were so many. However, in view of the situation that had developed, we looked into things jointly to see if in any way a postponement could be brought about for the present, so that we might get ourselves ready for the trial at our leisure.

And it happened by a piece of good luck that you were persuaded by the politicians to despatch troops into Acarnania,[*] and the defendant Olympiodorus was among those called to service, and he departed with the others on the expedition. Thus had come about, as we thought, an excellent ground for postponement, the defendant being abroad on military service.

So, when the archon summoned into court all those who were filing claims according to law, I entered a sworn statement, asking postponement on the ground that the defendant Olympiodorus was abroad on military service, but to this sworn statement our adversaries opposed another, attacking Olympiodorus; and as they had the last word, they induced the jurors to decide that the defendant was absent on account of the trial and not on public service.