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, 30N. W. SS4. In practice . Omission; neglect or failure. 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, and the judgment entered in the former case is technicallycalled a ” judgment by default ” 3 Bl.
« DEFAMES
