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单词 in default
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in default

Phrases

P1. by default.
a. to go by default.
(a) Of a legal case, judgment, or part of a judgment: to be decided in favour of one party (typically the plaintiff) upon the other party's failure or refusal to appear in court, or failure to submit in time information required by the court (cf. by default at Phrases 1b). Hence generally, esp. in figurative contexts: to fail, end in defeat, or be overlooked through lack of opposition or positive action (cf. by default at Phrases 1c).
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the world > action or operation > manner of action > carelessness > be careless or negligent [verb (intransitive)] > omit doing or to do something through carelessness > commit an oversight > be overlooked
to go by defaulta1638
to slip through the net1902
a1638 R. Brownlow & J. Gouldsborough Rep. Diverse Cases (1651) 71 An Action of Debt brought against two Defendants, one of them pleads Nil debet per patriam, and the other lets a Judgement go by Default.
1648 W. Sheppard Touch-stone Common Assurances xxiii. 495 He shall confesse the action, or suffer a Iudgement to go by default against him.
1726 Compl. Clerk in Court 232 Sometimes the Defendant's Clerk, not thinking fit to Plead, Confesseth the Action, or lets it go by Default.
1799 London Chron. 9 Feb. 145/3 Upon this information judgment, as I observed before, has gone by default.
1871 B. Jowett tr. Plato Dialogues I. 332 The cause when heard went by default.
1892 Boston (Mass.) Jrnl. 5 Nov. 12/7 The Tillmanites will..let the election go by default.
1908 Red Bluff (Calif.) News 17 Apr. 4/6 The people were not represented, however. Neither was the complaining witness on hand. The court and the defendants waited an hour. No appearance being made, the case went by default and the defendants were dismissed.
1955 Bull. Atomic Scientists June 216/3 The problem must not be allowed to go by default.
1968 Internat. & Compar. Law Q. 17 708 The defendant..will be compelled either to take the risk of letting the case go by default or to take all the trouble..of defending the action..at a court in a foreign country.
1985 Guardian 18 Nov. 6/7 Part of the new Soviet policy of using the media more professionally has meant that the US side of the case went by default.
2010 D. Loades Relig. Culture Marian Eng. vii. 126 It used to be believed that the government's case more or less went by default.
(b) Sport and Games. Of a match, game, etc.: to be awarded to a player or team as a result of the withdrawal, non-appearance, or disqualification of an opponent.
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1874 Forest & Stream 12 Nov. 220/2 The [billiard] game went by default as it were, for Ubassy..disputed the referee's decision, and actually spread the balls over the table with the butt of his cue... Ubassy..forfeiting the game to Garnier.
1904 Washington Post 12 July 8/5 Other players were substituted in order not to let the [baseball] game go by default.
1953 Madison (Wisconsin) State Jrnl. 14 Sept. ii. 2/1 Sheriff's officers insisted the game went by default. Traffic officers claimed charleyhorses [= cramps] developed by both Sheriff Franz G Haas and Undersheriff Vernon..Leslie brought the game to a close.
1997 Times (Nexis) 28 Mar. It is understandable that the good teams are worried that some matches may go by default.
b. With reference to a legal judgment, sentence, etc.: given for one party (typically the plaintiff) upon the other party's failure or refusal to appear in court, or failure to submit in time information required by the court. Cf. sense 2a. See also Phrases 1a(a).
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1653 R. Vaughan Manner Proc. Courts North-Wales sig. A3v The awarding of these Process, and obtaining of these Judgements by Default, depend upon the Sheriff's return of any the said Writs.
1764 T. H. Croker et al. Compl. Dict. Arts & Sci. I. (at cited word) Where a defendant makes default, judgment shall be had against him by default.
1799 J. Adolphus Biogr. Mem. French Revol. II. 70 At length Mirabeau obtained his liberty, and found little difficulty invalidating a sentence which had been pronounced merely by default.
1843 tr. A. Dumas Celebrated Crimes 245 By the same decree, the Marchioness de Brinvilliers was condemned, by default, to have her head cut off.
1866 Law Jrnl. Rep. 35 66/1 The action, in which judgment was signed by default.
1931 Encycl. Laws Scotl. XI. 590 Decrees in absence or decrees by default.
1999 Virginian-Pilot (Norfolk, Va.) (Nexis) 30 Jan. (Real Estate Weekly) 2 The plaintiff may then be awarded Judgment by Default if the defendant does not appear in court on the return day.
c. gen. In the absence of an alternative option being available, suggested, or specified; through lack of opposition or positive action. Cf. to go by default at Phrases 1a(a).
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1836 Richmond (Va.) Enquirer 1 Nov. Mr. Van Buren has long been considered the popular candidate for the Presidency, and, until an Opposition was organised, it was thought that he would carry the election by default.
1856 N.Y. Evangelist 23 Oct. 187/3 The friends of church music should look well to this cause. They should bestir themselves, and not suffer the precious cause to be lost by default.
1947 Amer. Jrnl. Physics 15 356/2 There is..no word..to express the concept of a particular species of atom... The word isotope has come into use for this purpose, less by design than by default.
1994 Entertainm. Weekly 27 May 50/1 With few romantic comedies around, this could be the summer's date movie by default.
2015 J. Silverman Terms of Service 33 By engaging with a brand, why must I consent, by default, to become part of their promotional apparatus?
d. Sport and Games (originally Tennis). As a result of the withdrawal, non-appearance, or disqualification of an opponent; on the basis of a match or game being judged a default (sense 6). See also to go by default at Phrases 1a(b).
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1888 Boston Post 17 Aug. 2/1 Third round, gentleman's singles... H. W. Slocum, Jr., vs. Q. A. Shaw, Slocum won by default.
1909 Amer. Golfer Oct. 408/1 Mr. Clark also secured another match by default against A. B. Powell,..who failed to put in an appearance.
1987 P. H. Yeomans Southern Calif. Tennis Champions Centennial, 1887–1987 viii. 100 Sidney Wood won the Wimbledon singles title in 1931 by default over Frank Shields who had injured his ankle.
2015 Derby Tel. (Nexis) 24 Mar. (Sport section) 38 Saturday's [basketball] game was forfeited by Westminster Warriors, who were unable to field a team. That meant Trailblazers were awarded a 20-0 victory by default.
e. Computing. As an option or setting adopted automatically by a computer program whenever an alternative is not specified by the user or programmer. Cf. sense 7a.
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1967 Jrnl. Royal Statist. Soc. C. 16 90 For each identifier..information can, but need not be given... If no type is given it is assumed by default to be floating point.
1975 Computing Center Newslet. (Univ. of Michigan) 15 Jan. 2/1 If SPRINT is explicitly assigned, rather than being assigned by default, the output from MVC is directed to SPRINT.
1986 Byte Apr. 306/3 A single-line LCD built into the keyboard that shows the date and time by default.
2012 Wall St. Jrnl. 21 July c2/4 Microsoft announced that the ‘Do Not Track’..feature will be turned on by default in the next version of Internet Explorer.
P2. for default of: in the absence of; = in default of at Phrases 3a. Obsolete (archaic in later use). [Compare Anglo-Norman par defaute de (early 14th cent. or earlier).]
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the mind > possession > non-possession > non-possession [phrase] > through lack of
for (the) fault ofc1290
for default ofc1300
for (occasionally by, from, through) lack ofc1386
for want ofa1425
in want of1556
in defect of1563
in failance ofa1627
in neglect of1807
c1300 St. Francis (Laud) l. 229 in C. Horstmann Early S.-Eng. Legendary (1887) 60 (MED) Miseyse huy hadden..For defaute of heore sustinaunce, and for defaute of bokes more.
c1325 (c1300) Chron. Robert of Gloucester (Calig.) 9391 Vor defaute of wit in his heued.
a1450 ( G. Chaucer Bk. Duchess (Tanner 346) (1871) l. 5 I haue so many an Idel þouȝt Purli for defaute of slepe.
1463 in S. Tymms Wills & Inventories Bury St. Edmunds (1850) 24 For the defawte of eyr male.
1592 A. Day 2nd Pt. Eng. Secretorie sig. H2, in Eng. Secretorie (rev. ed.) And for default of other matter forsooth, how they laughed at me.
1606 J. Finet tr. R. de Lucinge Beginning, Continuance, & Decay Estates viii. 44 For default of wel measured elections a Prince plungeth himselfe and his estate in a thousand dangers and confusions.
1641 Rastell's Termes de la Ley (new ed.) f. 12 Administrator is he to whom the Ordinary committeth the administration of goods of a dead man for default of an Executor.
1804 W. Cruise Digest Laws Eng. Real Prop. IV. 446 And, for default of issue of the body of the said Thomas, to [etc.].
1907 F. B. Palmer Peerage Law in Eng. xviii. 221 All such honours, castles, baronies, and hereditaments whatsoever which..were held, given, entailed in use or possession for default of heirs male of the bodies of the said George Neville..and Lady Mary, his wife.
P3. in default.
a. in default of: in the absence of, for lack of. [Compare Anglo-Norman and Middle French en defaute de (first half of the 14th cent. or earlier).]
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a1393 J. Gower Confessio Amantis (Fairf.) vii. l. 260 The fissh, if it be dreie, Mot in defaute of water deie.
1411 in F. J. Furnivall Fifty Earliest Eng. Wills (1882) 20 Takynge a distresse in defawte of payment.
1495 Will of W. Leynthale in J. R. H. Weaver & A. Beardwood Some Oxfordshire Wills (1958) 52 His heirs masculis, and in defaulte of such heires to my other children and there like heirs seriatim.
1568 W. Turner Herbal iii. 29 In defaut of it he teacheth to take halfe as much of Asarabacca.
a1615 Balnagown MS in W. R. Baillie Breve Cron. Earlis of Ross (1850) 20 The miln decayed in default of beiting and holding up of the same.
1726 Bp. J. Butler 15 Serm. ix. 156 In Default of that Perfection of Wisdom and Virtue.
1782 F. Burney Cecilia V. x. vi. 289 This fine fortune, in default of male issue, is obliged to come to a female, the law making no proviso to the contrary.
1868 J. C. Wilcocks Sea-fisherman (ed. 2) 25 Pilchards for bait may frequently be procured..in default of which Mussels can be obtained.
1949 E. Bowen Heat of Day iv. 71 In default of any other place where they could be private, he took her to a recess under the stairs.
2004 Times Lit. Suppl. 18 June 17/3 In default of larger animals, she cherished newts and sticklebacks.
b. At fault; guilty of sinning, neglecting one's duty, etc. Similarly in no default: not at fault, not responsible. Obsolete. [Compare Anglo-Norman and Middle French en defaute (14th cent. or earlier).]
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c1400 (c1378) W. Langland Piers Plowman (Laud 581) (1869) B. ii. l. 139 (MED) If he fynde ȝow in defaute and with þe fals holde, It shal bisitte ȝowre soules ful soure.
c1400 in T. F. Simmons Lay Folks Mass Bk. (1879) 126 (MED) He is continuelly in defaute aȝen þat myȝtteful lord.
1523 Ld. Berners tr. J. Froissart Cronycles I. ccclxxix. 634 The rebellion..hath coste..many a mans lyfe in Gaunt, and parauenture many a one that were in no defaulte.
1582 C. Plantin tr. A. Venero in tr. J. de Jáuregui y Aguilar True Disc. Assault William Prince of Orange sig. Givv Of this last losse he was in no default.
1688 State of Ireland 22 If the Declaration be not Perused, the English are in no Default.
c. Law. In a state of having failed to fulfil a legal requirement or obligation, esp. of having failed to appear in a court of law or to make a payment that is due. Also in later use: (of a loan, etc.) in a state of being unpaid.
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1580 in Trans. Shropshire Archæol. & Nat. Hist. Soc. (1882) 5 14 The Quartering money to be quarterly paid by ev'y scholer [at Oswestry Grammar School] as aforesaid or within 15 days after. And in default to be put out of the Schoole.
1638 R. Bolton Iustice of Peace for Ireland i. xxv. 111 The Iu. of P. at their Sessions shall punish such as be found in default.
1648 Order Commons Taking off Priviledge & Protection 6 Ordered, That every Member..having a Process delivered him for appearance.., do accordingly make his Appearance, or in default, this House on complaint thereof, will take such course therein, as to Justice shall appertain.
1724 Readings upon Statute Law III. 6 The Tenant of the Land is in default in not repairing his Fences.
1839 T. J. F. Alden & J. A. Van Hoesen Digest Laws of Mississippi xxxix. 240 Any guardian, who shall not deliver in such inventory..shall..be summoned, and if he remain in default, his bond may be put in suit, and a new guardian appointed.
1850 Jurist 13 i. 976/2 The defendant was bound to appear within eight days..of the subpoena; and not having appeared until the ninth day..he was in default.
1875 Money Market Rev. 1 May 539/1 One half-year's dividend on the 1871 Loan had been paid after the 1872 Loan was in default.
1910 Encycl. Brit. I. 124/1 Accountants..act as trustees, liquidators, receivers and managers of businesses, the owners of which are in default or their affairs in liquidation.
1991 Time 27 Feb. 77 (advt.) If being exciting means investing heavily in junk bonds that end up in default, that's the kind of excitement we can all do without.
2016 Mass. Lawyers Weekly (Nexis) 4 Feb. The defendant failed to appear in court on the District Court matters. The court found him to be in default and issued default warrants.
d. As a sentence adverbial: failing that; otherwise. Obsolete.
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1592 N. Breton Pilgrimage to Paradise 99 That, in true loue, might euer so attende thee, As, in default, might, neuer more offende thee.
1689 E. Hickeringill Ceremony-monger Concl. iv. 106 The Presbyters, or (in default) any Church Member.
1717 Polit. State Great-Brit. Sept. 276 All Persons of the Popish Religion..should..give Security before the chief Magistrate, Recorder and Sheriffs, for their faithful behaving themselves towards her Majesty,..or in Default, to depart the said Town.
P4. without default: without fail, assuredly. [Compare Anglo-Norman sanz defaute , Middle French sans defaute , sans defaut (first quarter of the 12th cent. in Old French). Compare without fail at fail n.2 1.]
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a1325 Holy Cross (Corpus Cambr.) l. 53 in C. D'Evelyn & A. J. Mill S. Eng. Legendary (1956) 169 Oure stappes beoþ euere sene Þer by wiþoute defaute [c1300 Laud faille] to parais euene gon.
c1440 in C. Horstmann Yorkshire Writers (1895) I. 264 (MED) Amen, þat es to say, ‘witterly forsothe, with-owttene any defaute’..with-owttene defaute Suffere noghte þe deuelle to assaye vs.
1561 R. Eden tr. M. Cortés Arte Nauigation Epistle sig. Aiii Dyalles..so certen, that in all places they shall shewe the true houres without defaute.
extracted from defaultn.
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