Surplusage

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In Accounts. A greater disbursement than the charges amount to. A balance over. 1 Lew. 219. In Pleading. Allegations of matter wholly foreign and impertinent to the cause. All matter beyond the circumstances necessary to constitute the action is surplusage; 5 East 275; Allaire v. Ouland, 2 Johns. Cas. (N. Y.) 52; Kottwitz v. Bagby, 16 Tex. 656. Generally, matter of surplusage will be rejected and will not be allowed to vitiate the pleading; Co. Litt. 303 b; 2 Saund. 306, n. 14; Thomas v. Roosa, 7 Johns. (N. Y.) 462; Brown v. Manter, 21 N. H. 535, 53 Am. Dec. 223; as new and needless matter stated in an innuendo; Thomas v. Croswell, 7 Johns. (N. Y.) 272, 5 Am. Dec. 269; even if repugnant to what precedes; 10 East 142; but if it shows that the plaintiff has no cause of action, a demurrer will lie; 2 East 451; 2 W. Bla. 842; Wilson v. Codman’s Ex’r, 3 Cra. (U. S.) 193, 2 L. Ed. 408. Where the whole of an allegation is immaterial to the plaintiff’s right of action, it may be struck out as surplusage; sistent with what precedes, may be rejected as surplusage; Vail v. Lewis, 4 Johns. (N. Y.) 450, 4 Am. Dec. 300; and when the unnecessary matter is so connected with what is material that it cannot be separated, the whole matter may be included in the traverse; Dy. 365; 2 Saund. 206 a, n. 21; and the whole must be proved as laid; Adm’rs of Conn v. Ex’rs of Gano, 1 Ohio 483, 13 Am. Dec. 639; Steph. Plead. 422; but an averment, which is surplusage and can be stricken out without injury to the rest, will not vitiate a pleading; Hampshire Manufacturers’ Bank v. Billings, 17 Pick. (Mass.) 87. When words occur in a statute which can be given no effect consistent with the plain meaning of the statute they must be rejected as surplusage; U. S. v. Jackson, 143 Fed. 783, 75 C. C. A. 41.

In pleading. Allegations of matter wholly foreign and impertinent to the cause. A11 matter bsyond the circumstances necessary to constitute the action. 3se Sinte v. Whitehouse, 95 Me. 179, 49 Atl. 869; Adams v. Capitol State Bank, 74 Miss. 307, 20 South. 881; Bradley v. Reynolds, 61 Conn. 271, 23 Atl. 928.

— Surplusage of accounts. A greater disbursement than the charge of the accountant amounts unto. In another sense, "surplusage" is the remainder or overplus of money left. Jacob.

Superfluity; more than is necessary or proper; in old law, a sum remaining over; in a written instrument matter superfluous or impertinent

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.

Matter in any written instrument which is extraneous, superfluous, or unnecessary. //&,/3 /39. Surplusage df accounts. Signifies a greater disbursement than,the charge of tile accountant amounts unto.

In another sense, surplusage is the remainder or overplus of money left. Jacob. Surplusagium non nocet. Surplusage does not injure; mere surplusage may be rejected. This maxim is otherwise expressed, superjlua non nocent, — superfluities do not injure; what is superfluous may be rejected.

in pleading, is and useless statement tinent to the cause. Such matter need not be proved, nor will vitiate, it being a maxim that wtile per inutile non vittatur, 4 East, 400; Gilb. C. P. 131; see Com. Dig. Pleader, C 28; Bac. Ab. Pleas, 1, 4; Co. Litt. 303 b; 2 Saund. 306, n. 14; 5 East, Rep. 444; 1 Chit. Pl. 232; Lawes on Pl. 63; 7 Johns. R. 462; 3 Day, 472; 2 Mass. Rep. 283; 13 Johns. R. 80; except where by the unnecessary allegation, the plaintiff shows that he has no cause of action. A Com. Dig. Pleader, C 29; Bac. Ab. Pleas, 1,4; see 2 East, 451; Dougl. 667; 2 Bl. Rep. 842; 4 East, 400; 3 Cranch, 193; 2 Dall. Rep. 300; 1 Wash. Rep. 257.