Default

io 1, n. (1) Something wrongful; some omission to do that which ought to have been done, n Non-performance of a duty; as, the nonpayment of money due.i^ 1 Commonwealth v. Pratt. 132 Mass. 347 (1883).

2 BlaufusV People, 69 N. Y. Ill (1877); State v. Price, 11 N. J.' L. 218 (1830). 3 A in -f al- as in fan.

L. diffalcare, to abate, deduct, take away. - » Houk V. Foley, 2 P. & W. 350 (1880).

0 Commonwealth v. Clarkson, 1 Eawle, 293 (1829); 6 Mo. 266. « Webster's Diet. ' State V. Kountz, 12 Mo. Ap. 613 (1882). 8 Odgers, Libel & Slander, 1. » Marks v. Baker, 28 Minn. 166 (1881). 1° F. de-faulte, to want, fail. " Union Trust Co. v. St. Louis, &o.

E. Co., 5 Dill. 22 (I87S); Albert v. Gi-osvenor Investment Co., L. E. 3 In an accountable receipt executed by a person to whom property levied upon was delivered, he promising to deliver the articles whenever demanded, or "in default thereof "to pay the amount of the debt called for in the writ, held, that the reference was to a breach Of legal duty.i There can be no default where the omission to do the thing, as to make a payment on a mortgage, has the concurrence of the other party." A special promise to answer for the default of another must be in writing and signed, as see Frauds, Statute of. A defaulting purchaser is one who fails to complete his purchase at a public sale. See Auction. (2) An omission, neglect or failure to do something required by law, or by a court administering the law. When a defendant omits to plead within the time allowed for that purpose, or fails to appear at the trial, he "makes default," and the judgment entered in the former case is " a judgment by default." ^ To " suffer a default " is to let a case go by neglect or inattention, usually designed. When the plaintiff makes default he may be nonsuited; but a default, in either party, for cause shown, may be " excused " or " saved." A witness, a juror, and an officer of court, is said to make default when remiss in his attention to duty. A judgment by default, for the pm-pose of the particular action, admits the legality of the demand in suit; it does not make the allegations of the declaration or complaint evidence in an action upon a different claim.4 See Inquiry, Writ of; Notice, 1, Judicial. 2, V. To have judgment entered against, one on account of some default: as, that a defendant "shall be defaulted unless he files an affidavit of defense." Defaulted, adj. Due, but not paid; past due: as, defaulted — interest, coupons, bonds, payment.6