Legal Term Dictionary

A surety is one who at the request of another, and for the purpose of securing to him a benefit, becomes responsible for the performance by the latter of some act In favor of a third person, or hypothecates property as security therefor. Civ. Code Cal. f 2831; Civ. Code More...

A surety is one who at the request of another, and for the purpose of securing to him a benefit, becomes responsible for the performance by the latter of some act In favor of a third person, or hypothecates property as security therefor. Civ. Code Cal. f 2831; Civ. Code Dak. f 1673. A surety is defined as a person who, being liable to pay a. debt or perform an obligation, is entitled, if it is enforced against him, to be indemnified by some other person who ought himself to have made payment or performed before the surety was compelled to do so.. Smith v. Shelden, 35 Mich. 42, 24 Am. Rep. 529. And see Young v. McFadden, 125 Ind. 254, 25 N. E. 284; Wise v. Miller, 45 Ohio St 388, 14 N. E. 218; O'Conor v. Morse, 112 Cal. 31, 44 Pac. 305, 53 Am. St Rep. 155; Hall v. Weaver (a C.) 34 Fed. 106. -Surety company. A company, usually incorporated, whose Dusinesa is to assume the responsibility of a surety on the bonds of officers, trustees, executors, guardians, etc., in consideration of a fee proportioned to the amount of the security required.-Surety of the peace. Surety of the peace is a species of preventive justice, and consists in obliging those persons whom there is a probable ground to suspect of future misbehavior, to stipulate with, and to give full assurance to, the public that such offense as is apprehended shall not take place, by finding pledges or securities for keeping the peace, or for their good behavior. Brown. See Hyde v. Greuch, 62 Md. 582. Less...

See WATER.

See WATER. Less...

One whose profession or occupation is to cure diseases or injuries of the body by manual operation; one whose occupation is to cure local injuries or disorders, whether by manual operation, or by medication and , constitutional treatment Webster. See Smith v. Lane, 24 Hun (N. Y.) 632; Stewart v. More...

One whose profession or occupation is to cure diseases or injuries of the body by manual operation; one whose occupation is to cure local injuries or disorders, whether by manual operation, or by medication and , constitutional treatment Webster. See Smith v. Lane, 24 Hun (N. Y.) 632; Stewart v. Raab, 55 Minn. 20, 56 N. W. 256-; Nelson v. State Board of Health* 108 Ky. 769, 57 S. W. 501, 50 I. R. A. 383. Less...

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...