Failure Of Record

The neglect to produce the record after having pleaded it. When a defendant pleads a matter, and offers to prove it by the record, and then pleads nul tiel record, a day is given to the defendant to bring in the record. If he fails to do so, he is said to fail, and, there being a failure of record, the plaintiff is entitled to judgment. Termes de la Ley. See the form of entering it, 1 Wm. Saund. 92, note 3. FAINT (or FEIGNED) ACTION.

In old English practice. An action was so called where the party bringing it had no title to recover, although the words of the writ were true. A false action was properly where the words of the writ were false. Litt. § 689; Co. Litt. 361.

The neglect to produce the record after having pleaded it. When a defendant pleads a matter and offers to prove it by the record, and the plaintiff pleads nul tiel record, a day is given to the defendant to bring in the record; If he fails to do so, he is said to fall of his record, and, there being a failure of record, the plaintiff is entitled to judgment. Termes de la Ley. See the form of entering it; 1 Wms. Saund. 92, n. 3.

Failure of the defendant to produce a reconi which he has alleged and relied on in his plea.

Defined under Failure in Black's Law Dictionary.

The failure to produce a record, after pleading it

In practice. The failure to produce a reconi, after pleading it.* Where a defendant pleads any matter of record, and offers to prove it by the record, and the plaintiff denies that there is any such record, and the defendant has a day given him to briug in the record; if he fails to do so, or produces such a one as is no bar to the action, he is then said to fail of hie record, and thereupon the plaintiff shall have judgment to recover, &c. Termee de la ley, FAINT (or FEIGNED) ACTION.

In old English practice. An action was so called, where the party bringing it had no title to recover, although the words of the writ were true; & false action was properly where the words of the writ were false. Liu. sect. 689. Co. Litt. 361. See Feiffned action.

pleadtng, practice. When a record is pleaded, and the plaintiff replies nul it, if he fail to do it, then he is said to fail of record, and the plaintiff shall have judgment to recover. T. de la Ley. - FAIT, conveyancing, a deed lawfully executed. Com. Dig. h. t.; Cunn. Dict. h. t.