Definition of DEFAULT in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.
Definition of DEFAULT
By its derivation, a failure. Meadows v. Continental Assur. Co., C.C.A.Tex., 89 F. 2d 256. An omission of that which ought to be done. Town of Milton v. Bruso, 111 Vt. 82, 10 A. 2d 203, 205. Specifically, the omission or failure to perform a legal duty. Easterwood v. Willingham, Tex.Civ.App., 47 S.W.2d 393, 395; to observe a promise or discharge an obligation, Bradbury v. Thomas, 27 P.2d 402, 135 Cal.App. 435; or to perform an agreement, Eastman v. Morgan, D.C.N.Y., 43 F.Supp. 637, 641. The term also embraces the idea of dishonesty, In re State, 210 Wis. 9, 245 N. W. 844, 845, and of wrongful act, Greco v. S. S. Kresge Co., 277 N.Y. 26, 12 N.E.2d 557, 562, 115 A.L.R. 1020; or an act or omission discreditable to one's profession, Hilkert v. Canning, 58 Ariz. 290, 119 P.2d 233, 236,
In Practice
Omission; neglect or failure of any party to take step required of him in progress of cause. Indiana State Board of Medical Registration and Examination v. Pickard, 93 Ind.App. 171, 177 N.E. 870, 872. 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, McCabe v. Tom, 35 Ohio App. 73, 171 N.E. 868, 869, and the judgment entered in the former case is technically called a "judgment by default." 3 Bl.Comm. 396; 1 Tidd, Pr. 562.
A "default" in an action at law is somewhat similar to the entry of a decree in equity that the bill be taken for confessed, neither being a final disposition. Felton v. Felton, 128 Conn. 564, 196 A. 791, 793.
In General
Default of issue. Failure to have living children or descendants at a given time or fixed point. George v. Morgan, 16 Pa. 106; In re Van Cleef, 92 Misc. 689, 157 N.Y.S. 549, 551.
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. See Judgment.
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That's the definition of DEFAULT in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms. Courtesy of Cekhukum.com.
