Default
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
is the neglect to perform a legal obligation or duty; but in technical Janguage by default is understood the non-appearance of the defendant, within the time prescribed by law, to defend himself; it also signifies the non-appearance of the plaintiff te prosecute his claim. hen the plaintiff makes default, he may be non-suited, and when the defendant makes default, judgment by default is rendered inst him.
Com. Dig. Pleader, E 42; Ib, B 11. Vide article Judgment by Default, and 7 Vin. Ab. 429; Doct. Pl. 208; Grah. Pr. 631.