failure of recor

from Bouvier's Law Dictionary, Revised 6th Ed (1856)
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 if he fails. to do so, he is said to fail, and there being a 
failure of record, the plaintiff is entitled to judgment. Termes de lay Ley. 
See the form of entering it; 1 Saund. 92, n. 3. 
    

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