KFLCC Kingdom Law 2nd Ed.

1128

SURPRISE

SURROGATE

contract is taken unawares, by which sud den confusion or perplexity is created, which renders it proper that a court of equity should relieve the party so surprised. 2 Brown, Ch. 150. Anything which happens without the agen cy or fault of the party affected by it, tend ing to disturb and confuse the judgment, or to mislead him, and of which the opposite party takes an undue advantage, is in equity a surprise, and one species of fraud for which relief is granted. Code Ga. 1882, § 318a And see Turley v. Taylor, 6 Baxt. (Tenn.) 386; Gidionsen v. Union Depot R, Co., 129 Mo. 392, 31 S. W. 800; Fretwell v. Laffoon, 77 Mo. 27; Heath v. Scott, 65 Cal. 548, 4 Pac. 557; Zimmerer v. Fremont Nat Bank, 59 Neb. 661, 81 N. W. 849; Thompson v. Connell, 31 Or. 231, 48 Pac. 467, 65 Am. St. Rep. 818. The situation in which a party is placed, with out any default of his own, which will be in jurious to his interests. Rawle v. Skipwith, 8 Mart. N. S. (La.) 407. There does not seem anything technical or peculiar in the word "surprise," as used in courts of equity. Where a court of equity re lieves on the ground of surprise, it does so upon the ground that the party has been taken unawares, and that he has acted without due deliberation, and under confused and sudden impressions. 1 Story, Eq. Jur. § 120, note. In law. The general rule is that when a party or his counsel is "taken by surprise," in a material point or circumstance which could not have been anticipated, and when want of skill, care, or attention cannot be justly imputed, and injustice has been done, a new trial should be granted. Hill. New Trials, 521. The plaintiff's answer of fact to the defendant's rebutter. Steph. PI. 59. The plaintiff's answer of fact to the defendant's rejoinder. Steph. PI. 59. SURRENDER. A yielding up of an es tate tor life or years to him who has an im mediate estate in reversion or remainder, by which the lesser estate is merged in the ^greater by mutual agreement. Co. Litt. 337&. And see Ooe v. Hobby, 72 N. Y. 145, 28 Am. Rep. 120; Gluck v. Baltimore, 81 Md. 315, 82 Atl. 515, 48 Am. St. Rep. 515; Brewer v. National Union Bldg. Ass'n, 166 111. 221, 46 N. E. 752; Dayton v. Craik, 26 Minn. 133, 1 N. W. 813; Robertson v. Winslow, 99 Mo. App. 546, 72 S. W. 442. An assurance restoring or yielding up an estate, the operative verbs being "surrender and yield up." The term is usually applied to the giving up of a lease before the expira tion of it Wharton. The giving up by bail of their principal into custody, in their own discharge. 1 Bur rill, Pr. 394. Of charter. A corporation created by charter may give up or "surrender" its char SURREBUTTER. In pleading. SURREJOINDER. In pleading.

ter to the people, unless the charter was granted under a statute, imposing indefeasi ble duties on the bodies to which it applies. Grant, Corp. 45. —Surrender by bail. The act, by bail or sureties in a recognizance, of giving up their principal again into custody.—Surrender by operation of law. This phrase is properly applied to cases where the tenant for life or years has been a party to some act the validity of which he is by law afterwards estopped from disputing, and which would not be valid if his particular estate continued to exist Copper v. Fretnoransky (Com. PI.) 16 N. Y. Supp. 866; Ledsinger v, Burke, 113 Ga. 74, 38 S. E. 313; Brown v. Cairns, 107 Iowa, 727, 77 N. W. 478; Lewis v. Angermiller. 89 Hun, 65, 35 N. Y. Supp. 69.—Surrender of copyhold. The mode of conveying or transferring copyhold property from one person to another is by means of a surrender, which consists in the yielding up of the estate by the tenant into the hands of the lord for such purposes as are expressed in the surrender. The process in most manors is for the tenant to come to the steward, either in court or out of court, or else to two customary tenants of the same manor, provided there be a custom to warrant it, and there, by delivering up a rod, a glove, or other symbol, as the custom directs, to resign into the hands of the lord, by the hands and ac ceptance of his steward, or of the said two tenants, all his interest and title to the estate, in trust, to be again granted out by the lord to such persons and for such uses as are named in the surrender, and as the custom of the manor will warrant. Brown.—Surrender of criminals. The act by which the public au thorities deliver a person accused of a crime, and who is found in their jurisdiction, to the authorities within whose jurisdiction it is al leged the crime has been committed.—Surren der of a preference. In bankruptcy practice. The surrender to the assignee in bankruptcy, by a preferred creditor, of anything he may have received under his preference and any advantage it gives him, which he must do be fore he can share in the dividend. In re Richt er's Estate, 1 Dill. 544, Fed. Cas. No. 11,803. —Surrender to uses of will. Formerly a copyhold interest would not pass by will un less it had been surrendered to the use of the will. By St. 55 Geo. III. c. 192, this is no longer necessary. 1 Steph. Gomm. 639; Moz ley & Whitley. SURRENDEREE. The person to whom a surrender is made. SURRENDEROR. One who makes a surrender. One who yields up a copyhold es tate for the purpose of conveying it SURREPTITIOUS. Stealthily or fraud ulently done, taken away, or introduced. SURROGATE. In English law. One that is substituted or appointed in the room of another, as by a bishop, chancellor, judge, etc.; especially an officer appointed to dis pense licenses to marry without banns. 2 Steph. Comm. 247. In American law. The name given in some of the states to the judge or judicial of ficer who has the administration of probate matters, guardianships, etc. See Malone v. Sts. Peter & Paul's Church, 172 N. Y. 269, 64 N. E. 961. —Surrogate's court. In the United States. A state tribunal, with similar jurisdiction to