Surmise
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Commonly denotes to suspect, conjecture, or suggest. In former times, where a defendant in an action pleaded a local custom, 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 Burr. 251; Vin. Abr. 2i6,G.) Brown. A surmise is something offered to a court to move it to grant a prohibition, audita querela, or other writ grantable thereon.
Jacob.