Impertinent
Black's Law Dictionary · Henry Campbell Black, M.A. · 1910
Black's Law Dictionary
In equity pleading. That which does not belong to a pleading, interrogatory, or other proceeding; out of place; superfluous; irrelevant. At law. A term applied to matter not necessary to constitute the cause of action or ground of defense.
Cowp. 683 ; 5 Blast, 275; Tucker v. Randall, 2 Mass. 283.
It constitutes surplusage, (which see.)