Page:Black's Law Dictionary (Second Edition).djvu/1136

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SURPRISE

coutrnct is taken unawares, by which sud-

den 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 agecny or fault of the party infected by it, tending to disturb and confuse the judgment, or to mislead him, and of which the opposite partv takes an undue advantage, is in equity a sin prise, and one species of fraud for which relief is granted. Code Ga. 1882. § 3180. And see Turiey v. Taylor, 6 Baxt. ('1‘cnn.) 386; Giiiiousen v. Union Depot R. Co. 1119 Mo. .’ 2, 31 S. W. 800: Frctweli v. Laitnon. 77 Mo. 27; Heath v. Scott, 65 Cal. 548, 4 Pac. .;.i7; Zimmerer v. Fremont Nat. Bank, :39 Neb. 661. 51 N. W. S49; Thompson v. Couneil. 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 in- jurious to his interests. Itawie v. Slsipwith, 8 Mart. N. S. (Lu.) 407.

Tbeie does not seem nnyt in’; technical or

peculiar in the word ‘‘surprise. as used in courts of e uity. “here a court of equity re- lieves on t e gmunii of surprise, it does so upon the ground that the party has been taken unaiiares, and that he has acted without due deliberation, and under confused and sudden

Slm1)r('§i0D$. 1 Story, Eq. Jur. § 120, note.

In law. The general rule is that when a party or his counsel is “taken by surprise," in 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. Hiil. New Trials. 521.

SURREBUTTER. In pleading. The plaintiffs aiisiier of fact to the defendant's reliut-ter. Steph. Fl. 59.

SURREJOINDEE. In pleading. The pia.intitf's answer of fact to the defendant‘: rejoinder. Steph. P1. 59.

SURRENDER. A yielding up of an estate for life or years to him who has an im- mediate estate in reversion or remainiler, by \\lJiLl.I the lesser estate is merged in the greater by mutual agreement. Co. Litt. 337 (1. And see Coe v. Hobby, '12 N. Y. 145, 28 Am. Rep. 120; Glucli v. Baitiuiore, 81 Md. 315, 32 ALL 515. 48 Am. St. Rep. 515: Brewer v. National Union l‘.id.g. Ass'n, lhti Ill 71. 46 N. E. Dayton v. Craik, Z6 .\Iinn. 133, 1 N. W. 813; Robertson v. Wiiisiow, 99 M0. App. 546. ’i".’. S. W. 412.

An assurance restoring or yielding up an estate, the operative verbs being “surrender and yieid up." The term is usually applied

,to the giiing up of a lease before the expiration of it. Wharton.

fihe 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 char-

1128

SURROGATE

ter to the people, unless the charter was granted under a statute, imposing indefensi- ble duties on the bodies to which it appiies. Grant, Corp. 45.

—Snrrender by bail. The act, by hall or suieties in a reco:.'niza.nce, of giving up llI0il' principal again into ciistody.—S-urrender by operation of law. This phrase is pr rly applied to cases where the tenant for ill? at years has hcen a party to some act the vnhfllj of which he is by law afterwards estopped from disputin_-1, and which nuuld not be valid ii’ his particular estate continued to csist. Copper ir. Fretnoransky (Com. PI.) 16 N. Supp. llfl; Ledsinger v. Burke. 113 Go. " S S. E. U3; Bi-min v. Cairns. I07 Iowa. . 77 S. \, 478‘ Lewis v. Angennllli-r. 8'.) Hun. (F. 35 N. St. Filip? 6‘l.—Sin-render of copylaolll. The mode 0 conveying or transferring copyiiold property from one person to another is by means of B. surrender, whidi consists in the yielding up of the estate by the tenant into the hands of the lord for such purposes as an expressed in the surrender. The process in most manors is for the tenant to come to thi- steuard, either in court or out of court, or an to two customary tenants of the some manor. provided tl.ii-re be a custom to ivarrimt it. not there, by delivering up a rod, in glove, or nthui svn-ibol, as the custom directs. to ic.-ign into the hands of the lord, by the h.inds and acceptance of his steward or of the mid two tenants, all his interest and title to the estate. in trust. to be again granted out by the lmd to such persons and for such uses us are naniml in the surrender, and as the custnm nt the manor will warrant. l3roii'n.—Sru'1-eniler of criminals. The act by which the public ll“- tliorities deliver a person accused of B, crime. and‘who is found in their jurisdiction. to {be authorities viithiii whose jurisd on it is alleged the crime has been comnii ed.—Snrre_nder of a preference. In bankruptcy practice. The suriiuder to the assianee in bliEilSl'Llpi.cy, by a preferred creditor, of anything be any have received under his preference and any ndvnntage it gives him, which he must do he-

fore he can share in the diiideiiil. In re lticiiter's Estate. 1 Dill. 544, Fed. Cfls. No. 11.503. —Surrender to uses of will. Formerly a

copyliold interest would not pass by will un- less it had been surrendered to the use of the

“ill. By St 55 Geo. II]. c. 192. this is no longer necessary. 1 Staph. Comm. (139; Moz- ley & Whitley.

SURRENDERE1-‘J. The person to whom a surrender is made.

SURRENDEROR. One who makes a surrender. One who yields up a capyholii estate for the purpose of conveying it.

SURREPTITIOUS. Steaithily or fraud- ulently done. taken away, or introduced.

SURROGATE. In English law. One that is siihstituted or appointed in the room of another, as by a bishop, chancellor. judge, etc.; especially an officer appohited to dispense Licenses to marry without banns. 2 Steph. Comm. 2-17.

In American law. The name given in some of the states to the judge or judicial orficer who has the administration of probate matters. guardirinships, etc. See Malone v. Sts. Peter B: Paul's Church. 172 N. Y. 269, 6-! N. E. 96].

—Snz-x-ogate's court. In the United States.

A state tribunal, with similar jurisdiction to