Legal Term Dictionary

Formerly where a defendant pleaded a local custom, for instance, a cus: torn of the city of London, it was necessary for him to "surmise," that is, to suggest that such custom should be certified to the court by the mouth of the recorder, and without such a surmise the More...

Formerly where a defendant pleaded a local custom, for instance, a cus: torn of the city of London, it was necessary for him to "surmise," that is, to suggest that such custom should be certified to the court by the mouth of the recorder, and without such a surmise the issue was to be tried by the country as other issues of fact are. 1 Burrows, 251; Vin. Abr. 246. A surmise is something offered to a court to move it to grant a prohibition, audita querela, or other writ grantable thereon. Jacob. In ecclesiastical practice, an allegation in a libel is called a "surmise." A collateral surmise is a surmise of some fact not appearing in the libel. Phillim. Ecc. Law, 1445. Less...

The family name; the name over and above the Christian name. The part of a name which is not given in baptism; the last name; the name common to all members of a family.

The family name; the name over and above the Christian name. The part of a name which is not given in baptism; the last name; the name common to all members of a family. Less...

In English ecclesiastical law. Fees payable on ministerial offices of the church; such as baptisms, funerals, marriages, etc

In English ecclesiastical law. Fees payable on ministerial offices of the church; such as baptisms, funerals, marriages, etc Less...

That which remains of a fund appropriated for a particular purpose; the remainder of a thing; the overplus.; the residue. See People's F. Ins. Co. v. Parker, 35 N. J. Law, 577; Towery v. McGaw (Ky.) 56 S. W. 727; Appeal of Coates, 2 Pa. 137. -Surplus earnings. See EARNINGS.

That which remains of a fund appropriated for a particular purpose; the remainder of a thing; the overplus.; the residue. See People's F. Ins. Co. v. Parker, 35 N. J. Law, 577; Towery v. McGaw (Ky.) 56 S. W. 727; Appeal of Coates, 2 Pa. 137. -Surplus earnings. See EARNINGS. Less...

In pleading. Allegations of matter wholly foreign and impertinent to the cause. All matter beyond the circumstances necessary to constitute the action. See State v. Whltehouse, 95 Me. 179, 49 Atl. 869; Adams v. Capital State Bank, 74 Miss. 307, 20 South. 881; Bradley v. Reynolds, 61 Conn. 271, 23 More...

In pleading. Allegations of matter wholly foreign and impertinent to the cause. All matter beyond the circumstances necessary to constitute the action. See State v. Whltehouse, 95 Me. 179, 49 Atl. 869; Adams v. Capital State Bank, 74 Miss. 307, 20 South. 881; Bradley v. Reynolds, 61 Conn. 271, 23 Atl. 928. Surplusagium does no harm. i Broom, Max. 627. -Surplusage of accounts. A greater disbursement than the charge of the accountant amounts unto. In another sense, "surplusage" is the remainder or overplus of money left* Jacob.nocet. Surplusage Bouv. Inst no. 2949 Less...

In equity practice. The act by which a party who is entering into a contract Is taken unawares, by which sudden confusion or perplexity is created, which renders it proper that a court of equity should relieve the party so surprised. 2 Brown, Ch. 150. Anything which happens without the More...

In equity practice. The act by which a party who is entering into a contract Is taken unawares, by which sudden confusion or perplexity is created, which renders it proper that a court of equity should relieve the party so surprised. 2 Brown, Ch. 150. Anything which happens without the agency or fault of the party affected by it, tending to disturb and confuse the judgment, or to mislead him, and of which the opposite party takes an undue advantage, is in equity a surprise, and one species of fraud for which relief is granted. Code Ga. 1882, ? 818a And see Turley v. Taylor, 6 Baxt (Tenn.) 386; Gidionsen v. Union Depot R. Co., 129 Mo. 392, "31 S. W. 800; Fretwell v. Laffoon, 77 Mo. 27; Heath v. Scott, 65 Cal. 548, 4 Pac. 557; Zimmerer v. Fremont Nat Bank, 59 Neb. 661, 81 N. W. 849; Thompson v. Connell, 31 Or. . 231, 48 Pac. 467, 65 Am. St. Rep. 818. , The situation in which a party is -placed, without any default of his own, which will be injurious to his interests. Rawle v. Skipwith, 8 Mart. N. S. (La.) 407." There does not seem anything technical or peculiar in the word "surprise?* as used in courts of equity. Where a court of equity relieves on the ground of surprise, it does so upon the ground that the party has been taken Unawares, and that he has acted without due deliberation, and under confused and sudden impressions. 1 Story, Eq. Jur. | 120, note. In law. The general rule is that when a party or his counsel is "taken by surprise," fn a material point or circumstance which could not have been anticipated, and when want of skill, care, or attention cannot be justly imputed, and injustice has been done, a new trial should be granted. Hill. New Trials, 52L . Less...

In pleading. The plaintiff's answer of fact to the defendant's rebutter. Steph. Pi. 59.

In pleading. The plaintiff's answer of fact to the defendant's rebutter. Steph. Pi. 59. Less...

In pleading. The plaintiff's answer of fact to the defendant's rejoinder. Steph. PI. 59.

In pleading. The plaintiff's answer of fact to the defendant's rejoinder. Steph. PI. 59. Less...

A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged In the greater by mutual agreement. Co. Litt. 337b. And see Coe v. Hobby, 72 N. Y. 145, 28 Am. Rep. 120; More...

A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged In the greater by mutual agreement. Co. Litt. 337b. And see Coe v. Hobby, 72 N. Y. 145, 28 Am. Rep. 120; Gluck v. Baltimore, 81 Md. 315, 32 AtL 515, 48 Am. St. Rep. 515; Brewer v. National Union Bldg. Ass'n, 166 111. 221, 46 N. E. 752; Dayton v. Cralk, 26 Minn. 133, 1 N. W. 813; Robertson v. Wiuslow, 99 Mo. App. 546, 72 S. W. 442. An assurance restoring or yielding up an estate, the operative verbs being "surrender and yield up." The term is usually applied to the giving up of a lease before the expiration of it Wharton. The giving up by bail of their principal into custody, In their own discharge. 1 Burrill, Pr. 394. Of charter. A corporation created by charter may give up or "surrender" its charter to the people, unless' the charter' was granted under a statute, imposing "indefeasible duties on the bodies to which it applies. Grant Corp. 45. -Surrender by bail. The act, by bail or sureties in. a recognizance, of giving up their principal again into custody.-Surrender by operation of law. This phrase is properly applied to cases where the tenant for lice or years has been a party to some act the validity of which he is by law afterwards estopped from disputing, and which would not be valid if his particular estate continued to exist. Copper v. 'retnoransky (Com. PI.) 16 N. Y. Supp. 866; Ledsinger v. Burke, 113 Ga. 74, 38 S. E. 313; Brown v. Cairns, 107 Iowa, 727. 77 N. W. 478: Lewis v. Angermiller, 89 Hun, 65, 35 N. Y. Supp. 69.-Surrender of copyhold. The mode of conveying or transferring copyhold property from one person to another is by means of a surrender, which consists in the yielding up of the estate by the tenant into the hands of the lord for such purposes as are expressed in the surrender. The process in most manors is for the tenant to come to the steward, either in court or out of court, or else to two customary tenants of the same manor, provided there be a custom to warrant it and there, by delivering up a rod, a glove, or other symbol, as the custom directs, to resign into the hands of the lord, by the hands and acceptance of his steward, or of the said two tenants, all his interest and title to the estate, in trust, to be again granted out by the' lord to such persons and for such uses as are named in the surrender, and as the custom of the manor will warrant. Brown.-Surrender of criminals. The act by which the public an* thorities deliver a person accused of a crime, and who is found m their jurisdiction, to the authorities within whose jurisdiction it is alleged the crime has been committed.-Surrender of a preference. In bankruptcy practice. The surrender to the assignee in bankruptcy, by a preferred creditor, of anything he may have received under his preference and any advantage it gives him, which he must do before he can share in the dividend. In re Renter's Estate, 1 Dill. 544, Fed. Cas. No. 11.803. -Surrender to uses of will. Formerly a copyhold interest would not pass by will unless it had been surrendered to the use of the will. By St. 55 Geo. III. c. 192, this is no longer necessary. 1 Steph. Comm. 639; Masley A Whitley. Less...

The person to whom a surrender is made.

The person to whom a surrender is made. Less...