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Latin. A demand for too much. A demand for more than is owed. A claim for more than is due. Where a creditor claims judicially from his debtor more than is due, the only effect of such a proceeding is to modify the claim for expenses, which he would otherwise have had. It does not affect his right to obtain decree under that action for the sum really due him. It is not considered a pluris petitio, where a pursuer in an action of damages claims a much larger sum than that which is ultimately awarded him, for in such cases the sum libeled is generally a random sum, sufficient to cover any award which a jury may pronounce. Where an adjudging creditor leads his adjudication for a larger sum than is due him, such pluris petitio, if it be material, will have the effect of annulling the adjudication ; where it is slighter, its effect is only to reduce the adjudication to a security for principal and interest, without expenses or penalties.
