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default
French de-faulte, to want, fail. (1) Something wrongful; some omission to do that which ought to have been done. (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". When the plaintiff makes default he may be non-suited; but a default, in either party, for cause shown, may be "excused" or "saved".
Source : William C. Anderson, A Dictionary of Law (1893)
Language : English