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Fide-Jussor

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

Lat. [from fide-jubere, q. v.] In the civil law. A surety for another; a guarantor; one who binds himself for another who makes a promise, {pro €0 qui promittit obligatus.) Inst. 3.

2 1, pr.

One who binds himself in the same contract conjointly with the debtor, for the greater security of the creditor. Cooper's notes in loc. A bondsman or bail for a party in an action. Fide-jussors were suredes in the nature of special bail, whose undertaking was judicatum solvi, that the amount adjudged to the plaintiff should be paid to him.

Inst. 4. 11. pr. 3 Bl. Com. 291.

This however was only where a defendant appeared by attorney; for if he defended in his own person, the only security he was compelled to give was that he would remain in judicio (in court, or within the power of the court,) until the end of the suit.

Inst. 4. 11. 2.

The sureties taken on the arrest of a defendant, in the court of admiralty, were formerly denominated fide-jussors.

3 BL Com. 108.