Surplusage definition

Surplusage





Home | Index


We love those sites:

4 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Surplusage \Sur"plus*age\, n. [See {Surplus}, and cf.
     {Superplusage}.]
     1. Surplus; excess; overplus; as, surplusage of grain or
        goods beyond what is wanted.
        [1913 Webster]
  


              Take what thou please of all this surplusage.
                                                    --Spenser.
        [1913 Webster]
  
              A surplusage given to one part is paid out of a
              reduction from another part of the same creature.
                                                    --Emerson.
        [1913 Webster]
  
     2. (Law) Matter in pleading which is not necessary or
        relevant to the case, and which may be rejected.
        [1913 Webster]
  
     3. (Accounts) A greater disbursement than the charge of the
        accountant amounts to. [Obs.] --Rees.
        [1913 Webster]

From WordNet (r) 2.0 [wn]:

  surplusage
       n : a quantity much larger than is needed [syn: {excess}, {surplus},
            {nimiety}]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  SURPLUSAGE, 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, &c., make 
  mention of a thing which need, not be stated, but the matter set forth is 
  grammatically right, and perfectly sensible, no advantage can be taken on 
  demurrer. Com. Dig. Pleader, C 28, E 2; 1 Salk. 325; 4 East, 400; Gilb. C. 
  P. 131; Bac. Ab. Pleas, 1, 4; Co. Litt. 303, b; 2 Saund. 306, n. 14; 5 East 
  444; 1 Chit. Pl. 282; Lawes on Pl. 63; 7 John. 462; 3 Day, 472; 2 Mass. R. 
  283; 13 John. 80. 
       3. When, by an unnecessary allegation the plaintiff shows he has no 
  cause of action, the defendant may demur. Com. Dig. Pleader, c. 29; Bac. Ab. 
  Pleas, 1, 4; see 2 East, 451; 4 East, 400; Dougl. 667; 2 Bl. Rep. 842; 3 
  Cranch, 193; 2 Dall. 300; 1 Wash. R. 257. 
       4. When the surplusage is not grammatically set right, or it is 
  unintelligible and, no sense at all can be given it, or it be contradictory 
  or repugnant to what is before alleged, the adversary may take advantage of 
  it on special demurrer. Gilb. C. P. 132; Lewes on Pl. 64. 
       5. When a party alleges a material matter with an unnecessary detail of 
  circumstances, and the essential and non-essential parts of a statement are, 
  in their nature, so connected as to be incapable of separation, the opposite 
  party may include under his traverse the whole matter alleged. And as it is 
  an established rule that the evidence must correspond with the allegations, 
  it follows that the party who has thus pleaded such unnecessarily matter 
  will be required to prove it, and thus he is required to sustain an 
  increased burden of proof, and incurs greater danger of failure at the 
  trial. For example, if in justifying the taking of cattle damage feasant, in 
  which case it is sufficient to allege that they were doing damage to his 
  freehold, he should state a seisin in fee, which is traversed, be must prove 
  a seisin in fee. Dyer, 365; 2 Saund. 206, a, note 22 Steph. on Pl. 261, 262; 
  1 Smith's Lead. Cas. 328, note; 1 Greenl. Ev. Sec. 51 1 Chit. Pl. 524, 525; 
  U. S. Dig. Pleading, VII. c. 
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  SURPLUSAGE, accounts. A greater disbursement than the charges of the 
  accountant amount to. 
  
  

















Powered by Blog Dictionary [BlogDict]
Kindly supported by Vaffle Invitation Code Get a Freelance Job - Outsource Your Projects | Threadless Coupon
All rights reserved. (2008-2024)