Legal Term: DEFAULT

Definition: The neglect to perform a legal obligation or duty, but in technical language by default is often 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 to prosecute his claim. 2. When the plaintiff makes default, he may be nonsuited, and when the defendant makes default, judgment by default is rendered against him. Com. Dig. Pleader, E 42 Id. B 11. Vide article Judgment by Default, and 7 Vin. Ab. 429, Doct. Pl. 208 Grah. Pr. 631. See, as to what will excuse or save a default, Co. Litt. 259 b.

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