[PAULUS libro trigesimo septimo ad edictum. ] §22.1.24.prSi quis solutioni quidem moram fecit, iudicium autem accipere paratus fuit, non uidetur fecisse moram: utique si iuste ad iudicium prouocauit.
[PAULUS, from his thirty-seventh book on the Edict.] If anyone has indeed made default in payment, but was ready to submit to trial, he is not deemed to have made default; at all events if he has appealed to trial with just cause.
§22.1.24.1Cum reus moram facit, et fideiussor tenetur.
When the principal debtor makes default, the surety is also bound.
§22.1.24.2Mora uidetur creditori fieri, siue ipsi siue ei cui mandauerat siue ei qui negotia eius gerebat mora facta sit: nec hoc casu per liberam personam adquiri uidetur, sed officium impleri, sicuti, cum quis furtum mihi facientem deprehendit, negotium meum agens manifesti furti actionem mihi parat: item cum procurator interpellauerit promissorem hominis, perpetuam facit stipulationem.
Default is deemed to be made toward the creditor, whether default has been made toward himself, or toward him whom he had mandated, or toward him who was managing his affairs; and in this case it is not deemed that acquisition is made through a free person, but that a duty is fulfilled, just as, when someone catches one committing a theft against me, acting on my behalf he prepares for me an action for manifest theft; likewise, when a procurator has demanded performance from the promisor of a slave, he makes the stipulation perpetual.