you are such a tiny brained fool. It was predicted you will try and distort facts. the definition also says... "A defendant who fails to file an answer or other legal response when it is due can request that the default be set aside, but must show a legitimate excuse and a good defense to the lawsuit." Obama did not respond to subpoenas and he did attend a hearing.
Zombie thread, shoot it in the head! shoot it in the head!! Jem, what's the weather going to be like in SD this coming weekend?
I don't know but it was cold and rainy yesterday. Seems to be clearing right now. I agree this is now a zombie thread.
Sorry ricter... I saw the loons coming. Doing a search I found this earlier in the thread. We can see the zealouts are still out here peddling their loon bullshit. I see I actually considered the idea Obama would proffer nothing and the appeals process would start. And it has. Orly appealed.
Oily Titz, filed suit. A motion to quash was filed. Administrative Judge, not a trial judge, says he wants a hearing. There is no subpoena with authority to make Obama appear. In all practical and legal respects, Obama could not actually default, as the Georgia Administrative Court does not have the authority to make Obama appear or to testify in order TO default. Oily Titz sent a subpoena to eveyone and his dog and to Hawaii. Hawaii did not comply, did not appear, nor did its agents. They did not default either. In that case Oily Titz was told to go and jump. The only default here is the one the Judge could have issued to find in favor of plaintiffs as part of his of his recommendation. He did not. He could not have made a formal default in law anyway without authority from the superior court. You quoting law dictionary definitions which apply to trial law, merely shows your ignorance. He rejected the birthers flat, again telling Oily to go jump, according to law. He did not find Obama in default according to law. This was a Georgia Admin court not a trial court. Still raining in your particular version of lala land, is it bird brain?
If you're all that bothered about this zombie thread you might be better asking your brain dead weather reporter to stop resurrecting it with more birther horseshit long after it had gone quiet.
Stu said... "The only default here is the one the Judge could have issued to find in favor of plaintiffs as part of his of his recommendation." Which has been my sole point. Obama chose to do nothing, submit nothing and send no one to the hearing... and thereby risk a default judgment rather than produce evidence of eligibility. ------ And by the way... he is still at risk. There is now an appeal pending in Superior Court. At some point a court could find against him or remand and give obama a few days to provide proof or face a default judgment. Stu... you are comedy. Making stuff up about Georgia laws. Unaware of legal procedure. Frankly oblivious to how courts work... and yet you show you ignorance on every page.
Talk about blatant back peddling, so much so now you've met yourself going backward. What about this....... Not a default in this instance. You've now conceded that much above, in your usual dishonest way . Now you say it's to "risk a default judgment " What suddenly happened to your law dictionary analysis that decrees a default where one has not actually taken place yet? The only default here is the one the Judge could have issued Yes Jem ... you are joke. No idea about Georgia State Code. Uninformed of legal procedure. Oblivious to how a Georgia administrative court works as compared to trial court ... and for some reason apparently unaware of how you show your dumb ignorance every time you post. yeah and at some point birthers could find pigs might fly. You idiot. I suggest you stick with weather reporting. Although you'd probably get that wrong even if you were standing outside in a rainstorm.
talking to is like talking to a class clown, no make that the class idiot. Prior to a default judgment... you have a default. How do you think that happens dipshit. Losing a motion to quash and then not responding to the thing you tried to quash, is a failing to perform a legal duty. A default is when you fail to perform a legal duty. Get it, Obama chose to default... when he could have produced your beloved internet birth certificate or any other proof of eligibility. How fricken stupid are you? Note: If you are going to argue the court had no subpoena power... you are going to have to explain why Obama lost his motion to quash.
the hearing in front of the ALJ judge was the equivalent of a trial. Not appearing or at least having his attorney appear was a failure to observe a duty. Not submitting documents pursuant to a subpoena was a failure to comply with his legal duty. Definition of DEFAULT 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 technically called a âjudgment by defaultâ 3 Bl. http://blackslawdictionary.org/default/ Case closed.