Default

The omission or failure to fulfill a duty, observe a promise, discharge an obligation or perform an agreement State v. Moores, 52 Neb. 770, 73 N. W. 299; Osborn v. Rogers, 49 Hun. 245, 1 N. Y. Supp. 623 ; Mason v. Aldrich, 36 Minn. 283, 30 N. W. 884.

In practice. Omission; neglect or failure. When a defendant in an action at law omits to plead within the time allowed him for that purpose, or fails to appear on the trial, he is said to make default, and the judgment entered in the former case is technically called a "judgment by default" 3 BL Comm. 396; 1 Tidd, Pr. 562; Page v. Sutton, 29 Ark. 306.

— Default of issue. Failure to have living children or descendants at a given time or fixed point George v. Morgan, 16 Pa. 106.

— Defaulter. One who makes default. One who misappropriates money held by him in an official or fiduciary character, or fails to account for such money.

— Judgment by default. One entered upon the failure of a party to appear or plead at the time appointed. See Judgment.