Surprise

This word, as verb and noun, is used without material departure from its vernacular meaning, in treating of granting new trial or equitable relief on the ground of surprise. Proof that a party was surprised — that is, was taken unawares, by some act or event which he could not reasonably be expected to foresee, and for not preparing against which he is not in fault — is ground, in a proper case, on a motion and allowing a caitse to be tried again; also, it will warrant a court of equity, much as proof of f i-aud or mistake might do, in relieving a party from a transaction into which he was betrayed by the surprise.