SURGERY, med. jur. That part of the healing art which relates to external diseases; their treatment; and, specially¹, to the manual operations adopted for their cure.

2. Every lawyer should have some acquaintance with surgery; his knowledge on this subject will be found useful in cases of homicide and wounds.

SURNAME. A name which is added to the christian² name, and which, in modern times, have become family names.

2. They are called surnames, because originally they were written over the name in judicial³ writings and contracts. They were and are still used for the purpose of distinguishing persons of the same name. They were taken from something attached to the persons assuming them, as John Carpenter, Joseph Black, Samuel Little, &c. See Name.

SURPLUS. That which is left from a fund which has been appropriated for a particular purpose; the remainder of a thing; the overplus the residue⁴. (q. v.) See 18 Ves. 466.

2. The following is an example of a surplus; if a thing be put in pledge as a security to pay one hundred dollars, and it be afterwards sold for one hundred and fifty dollars, the fifty dollars will be the surplus. Wolff, Inst. §697. See Overplus; Residue.

SURPLUSAGE, pleading. A superfluous⁵ and useless statement of matter wholly foreign and impertinent to the cause.

2. In general surplusagium non nocet, according to the maxim⁶ utile per inutile non vitiatur; therefore if a man in his declaration, plea, &c., make mention of a thing which need, not be stated, but the matter set forth⁷ is grammatically right, and perfectly⁸ sensible, no advantage can be taken on demurrer. Com. Dig. Pleader, C 28, E 2; 1 Salk. 325; 4 East, 400; Gilb. C. P. 131; Bac. Ab. Pleas, 1, 4; Co. Litt. 303, b; 2 Saund. 306, n. 14; 5 East 444; 1 Chit. Pl. 282; Lawes on Pl. 63; 7 John. 462; 3 Day, 472; 2 Mass. R. 283; 13 John. 80.

3. When, by an unnecessary allegation the plaintiff shows he has no cause of action, the defendant¹⁰ may demur⁹. Com. Dig. Pleader, c. 29; Bac. Ab. Pleas, 1, 4; see 2 East, 451; 4 East, 400; Dougl. 667; 2 Bl. Rep. 842; 3 Cranch, 193; 2 Dall. 300; 1 Wash. R. 257.

4. When the surplusage is not grammatically set right, or it is unintelligible¹¹ and, no sense at all can be given it, or it be contradictory¹² or repugnant to what is before alleged¹⁴, the adversary¹⁵ may take advantage of it on special demurrer. Gilb. C. P. 132; Lewes on Pl. 64.

5. When a party alleges¹⁶ a material matter with an unnecessary detail of circumstances, and the essential and non-essential parts of a statement are, in their nature, so connected as to be incapable¹⁷ of separation, the opposite party may include under his traverse the whole matter alleged. And as it is an established rule that the evidence must correspond with the allegations, it follows that the party who has thus pleaded such unnecessarly matter will be required to prove it, and thus he is required to sustain an increased burden of proof, and incurs¹⁸ greater danger of failure at the trial. For example, if in justifying¹⁹ the taking of cattle damage feasant, in which case it is sufficient to allege¹³ that they were doing damage to his freehold, he should state a seisin in fee, which is traversed, be must prove a seisin in fee. Dyer, 365; 2 Saund. 206, a, note 22 Steph. on Pl. 261, 262; 1 Smith's Lead. Cas. 328, note; 1 Greenl. Ev. §51 1 Chit. Pl. 524, 525; U. S. Dig. Pleading, VII. c.