S

That which is left from a fund which has been appropriated for a particular purpose; the remainder of a thing; the overplus the residue. 2. The following is an example of a surplus; if a thing be put in pledge as a security to pay one hundred dollars, and it be afterwards sold for one hundred and fifty dollars, the fifty dollars will be the surplus. That which remains of a fund … [Read more...] about SURPLUS

Fr. On; upon; over. In the titles of real actions "sur" was used to point out what the writ was founded upon. Thna, a real action brought by the owner of a reversion or seigniory, in certain cases where his tenant repudiated his tenure, was called "a writ of right sur disclaimer." So, a writ of entry sur disseisin was a real action to recover the possession of land from a … [Read more...] about SUR

(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...] about SURPLUSAGE

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...] about SUR CUI ANTE DIVORTIUM

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...] about SURPRISE