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DE FIDE ET OFFICIO JUDICIS Definition & Legal Meaning

Definition & Citations:

Concerning the fidelity and official conduct of a judge, no question is [will he] entertained; hut [only] concerning his knowledge, whether tlie error [committed] he of law or of fact. I’.ac. Max. 68, reg. 17. The bona fides and honesty of purpose of a judge cannot he questioned, but his decision may be impugned for error either of law or fact. Broom, Max. 85. The law doth so much respect the certainty of judgments. and the credit and authority of judges, that it will not permit any error to be assigned which impeacheth them in their trust and office, and in willful abuse of the same; but only in ignorance and mistaking either of the law, or of the case and matter of fact. Bac. Max. ubi supra. Thus, it cannot be assigned for error that a judge did that which he ought not to do; as that he entered a verdict for the plaintiff, where the jury gave it for the defendant. Fitzh. Nat. Brev. 20, 21 ; Bac. Max. ubi supra; Hardr. 127, arg.


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