Default
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
The non-performance of a duty, whether arising under a contract or otherwise. In its largest and most general sense, it seems to mean failing.
1 B. & P. 258.
The non-appearance of a plaintiff or defendant at court witbin the time prescribed by law to prosecute his claim or make his defence. When the plaintiff makes default, he may be nonsuited; and when the defendant makes default, judgment by default may be rendered against him.
Comyns, Dig. Pleader, E 42, B. 11. See Judgment by Default; 7 Viner, Abr. 429; Doctr. Plac. 208; Grah. Pr. 631.