Failure, Of Issue, Of Record

FAILED, FAILURE - A bill that does not receive a majority vote on the chamber floor.

FAILURE - A total defect; an omission; a non-performance. Failure also signifies a stoppage of payment; as there has been a failure today, some one has stopped payment.
    According to the French code of commerce every merchant or trader who suspends payment is in a state of failure.

FAILURE OF ISSUE - When there is a want of issue to take an estate limited over by an executory devise.
    Failure of issue is definite or indefinite. When the precise time for the failure of issue is fixed by the will, as is the case of a devise to Peter, but if he dies without issue living at the time of his death, then to another, this is a failure of issue definite. An indefinite failure of issue is the very converse or opposite of this and it signifies a general failure of issue, whenever it may happen, without fixing any time or a certain or definite period, within which it must happen.

FAILURE OF RECORD - The neglect to produce the record after having pleaded it. When a defendant pleads a matter and offers to prove it by the record and then pleads nul tiel record, a day is given to the defendant to bring in the record, and if he fails to do so, he is said to fail and there being a failure of record, the plaintiff is entitled to judgment.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.