Surplusage

2 i.

Surplus matter; overplus; residue; also, a balance over. See More ob Less; Residue.

3.

Matter, in any instrument, foreign to the purpose; whatever is extraneous, impertinent, superfluous, or unnecessary. Whatever may be stricken from the record without destroying the plaintiff's right of action; as, in a suit for a breach of warranty, that goods were not such as the defendant warranted them— "and that he Imew this." Yet it is not every immaterial or unnecessary allegation that is surplusage; for if the party, in stating his title, should state it with unnecessary particularity, he must prove it as alleged. Regard must be had to the nature of the averment itself, and its connection with the substance of the charge, rather than its grammatical collocation or structure.' Surplusagium non nocet.

L.

Surplusage does not vitiate

Mere surplusage may be rejected. The stotement of what the law implies is surplusage, and avails nothing. Such is the phrase " value received," on the face of bills and notes; and the V City of Madison, 75 Ind. 241 (1881), cases; M'Clure v. City of Red Wing, 88 Minn. 192 (1881), cases. " Vin. Abr. 246 (P); 1 Burr. 251. SF surplus: L. super, above; plus, more. 3 [State V. Parker, 34 N. J. L 48S (1871), Van Syckel, Judge, ■> [People V. Commissioners, 76 N. Y. 74 (1879), Chiu-oh, Chief Justice. spage V. Leapingwell, 18 Ves. Jr. 'm (1812). e White Lot Sewer, 16 Op. Att.-Gen. 373 (1879). cases; United States v. Burnham, words "and the siarvivor of them," in a lease to persons for their joint lives. In an indictment, any allegation, not descriptive of the identity of the offense, which can be omitted without affecting the charge and without detriment to the complaint, maybe treated as surplusage, and need not be proved. 1 See Description; Ikdictmeht; Ebdundanoy.