default
Defined in 10 dictionaries — U.S. Code, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Black's (1891), Anderson (1889), Burrill (1850), Bouvier (1839)
United States Code
12 U.S.C. § 1441A — under this section
The term “default” means a failure to comply with the terms of a loan or other obligation to such an extent that the property securing the obligation is foreclosed upon.
12 U.S.C. § 1467A — in this section
The term “default” means an adjudication or other official determination of a court of competent jurisdiction or other public authority pursuant to which a conservator, receiver, or other legal custodian is appointed.
12 U.S.C. § 1813 — as used in this chapter (2 versions over time)
The term “default” means, with respect to an insured depository institution, any adjudication or other official determination by any court of competent jurisdiction, the appropriate Federal banking agency, or other public authority pursuant to which a conservator, receiver, or other legal custodian is appointed for an insured depository institution or, in the case of a foreign bank having an insured branch, for such branch.
12 U.S.C. § 1821 — in this section
For purposes of this subsection, the term “default” means a failure to comply with the terms of a loan or other obligation to such an extent that the property securing the obligation is foreclosed upon.
12 U.S.C. § 4502 — for purposes of this chapter
The term “default” means, with respect to a regulated entity, any adjudication or other official determination by any court of competent jurisdiction, or the Agency, pursuant to which a conservator, receiver, limited-life regulated entity, or legal custodian is appointed for a regulated entity.
20 U.S.C. § 1078 — in this section (14 versions over time)
For the purpose of this subsection, the terms “insurance beneficiary” and “default” have the meanings assigned to them by section 1085 of this title.
20 U.S.C. § 1085 — under this part (3 versions over time)
Except as provided in subsection (m), the term “default” includes only such defaults as have existed for (1) 270 days in the case of a loan which is repayable in monthly installments, or (2) 330 days in the case of a loan which is repayable in less frequent installments.
29 U.S.C. § 1399 — in this section
In the event of a default, a plan sponsor may require immediate payment of the outstanding amount of an employer's withdrawal liability, plus accrued interest on the total outstanding liability from the due date of the first payment which was not timely made. For purposes of this section, the term “default” means—
(A) the failure of an employer to make, when due, any payment under this section, if the failure is not cured within 60 days after the employer receives written notification from the plan sponsor of such failure, and
(B) any other event defined in rules adopted by the plan which indicates a substantial likelihood that an employer will be unable to pay its withdrawal liability.
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The nonperformance of a duty, whether arising under a contract or otherwise. 2 Barn. & Aid. 516. In Practice. The nonappearance of a plaintiff or defendant at court within the time prescribed by law to prosecute his claim or make his defense.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
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.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
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.
A Law Dictionary and Glossary
George C. Kinney · 1893
Omission; neglect or failure; of duty; failure to appear or to plead
A Dictionary of Law
Henry Campbell Black · 1891
The omission or failure to fulfill a duty, observe a promise, discharge an obligation, or perform an agreement.
In practice. Omission; neglecé or failure. When a defendant in an action at law omits to plead within the time ellowed 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.
A Dictionary of Law
William C. Anderson · 1889
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
A New Law Dictionary and Glossary
Alexander M. Burrill · 1850
[L. Lat. defalta, defectus; L. Fr. defaut.] 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. Com. 296, 396. 1 Tidd's Pr. 562. See Defalta.
A Law Dictionary, Adapted to the Constitution and Laws of the United States
John Bouvier · 1839
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.