(A) pleading. A superfluous and useless statement of matter wholly foreign and impertinent to the cause. 2. In general surplusagium non nocet, according to the maxim utile per inutile non vitiatur; therefore if a man in his declaration, plea, make mention of a thing which need, not be stated, but the matter set forth is grammatically right, and perfectly sensible, no advantage … [Read more...]

The name of a writ issued in favor of the heir of the wife, where the husband alienated the wife's lands, during the coverture, and afterwards they were divorced and she died, to recover the lands from the alienee. Vide Cui ante divortium. … [Read more...]

This term is frequently used in courts of equity and by writers on equity jurisprudence. It signifies 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. It is sometimes, used in this sense when it is deemed … [Read more...]

chancery practice. When a bill is filed to open an account, stated, liberty is sometimes given to the plaintiff to surcharge and falsify such account. That is, to examine not only errors of fact, but errors of law. Law Dictionary - Alternative Legal Definition (noun) - an over charge, an exaction, Impost, or incumbrance beyond what is just and right, or beyond one's authority … [Read more...]

pleading. The plaintiff's answer to the defendant's rebutter is governed by the same rules as the replication. … [Read more...]