DEFAULT

A failure or neglect to perform a legal obligation or duty. typically this occurs when a defendant does not answer or make an appearance in court within the time prescribed by law, to defend himself; it may also signify the non-appearance of the plaintiff to prosecute his claim. When the plaintiff makes default, he may be nonsuited; and when the defendant makes default, judgment by default is rendered against him. It may also occur out of court, for example, a failure to pay a loan is also called a default on the loan payment. 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 htm for that purpose, or falls 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” 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.