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Surplusage

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Surplusage
(n) Surplusage is used to qualify the documents, evidence etc which has no relevance or legal effect in the dispute under consideration and are to be discarded or ignored.
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surplusage
n. a term used in analyzing legal documents and pleadings to refer to wording or statements which have no legal effect and, therefore, can be ignored.

If the defendant charged as bailiff is found in surplusage, no judgment oan be entered thereon to recover the amount so found in his favor against the plaintiff, but as the auditors are judges of record, he may bring an action of debt, ...

The maxim is of universal application as far as it means that we may reject, as surplusage, a false description not vital to the subject of the controversy. Broom, Max. 629.Falsa demonstratione legatum non perimi.

The subsequent part of the section is mere surplusage - is entirely without meaning - if such is to be the construction.

in socage cannot assign dower,] endoweth the wife of more than one-third part of the land of which she ought to have dower, then the heir, at full age, may sue out this writ against the wife, and thereby shall be admeasured, and the surplusage she ...

See also: Witness, Term, Will, Law, State

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