Surmise

Defined in 5 dictionaries — Bouvier (1914), Black's (1910), Kinney (1893), Anderson (1889), Abbott (1879)

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

In Ecclesiastical Law. An allegation in a libel. Phill. Ecc. Law 1445. Formerly where a defendant pleaded a local custom it was necessary for him to surmise, that is to suggest, that such custom should was to be tried by the country as other issues of fact 1 Burr. 251.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Formerly where a defendant pleaded a local custom, for instance, a custom of the city of London, 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 Burrows, 251; Vin. Abr. 246. A surmise is something offered to a court to move it to grant a prohibition, audita querela, or other writ grantable thereon. Jacob, In ecclesiastical practice, an allegation in a libel is called a "surmise." A collateral surmise is a surmise of some fact not appearing in the libel. Phlilim. Ecc. Law, 1445.

A Law Dictionary and Glossary

George C. Kinney · 1893

In old English laiv. A suggestion.

A Dictionary of Law

William C. Anderson · 1889

Formerly, as a -verb, to suggest; as a substantive, a statement or allegation intended to induce judicial action. When a defendant pleaded a local custom, he had to "surmise," that is, to suggest, that the custom be certified by the mouth of the recorder; without which the issue was tried as any other issue of fact. *

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

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.