Fail

The difference between “fail” and “refuse” is that the latter involves an act of the will, while the former may be an act of inevitable necessity. 9 Wheat. 344. a in his plea matter of record in bar of the action, and avers to prove it by the record, but the plaintiff saith nz tiel record, viz., denies there is any such record, upon which the defendant has a day given him by the court to bring it in, if he fail to do it, then he is said to fail of his record, and the plaintiff is entitled to sign judgment. Termes de la Ley.