Surcharge in United States
Surcharge Definition
To put more cattle upon a common than the herbage will sustain, or than the party hath a right to do. 3 Bl. Comm. 237. In case of common without stint, it could only happen when insufficient herbage was left for the lord’s own cattle. 1 Rolle, Abr. 399. The remedy was by distraining the beasts beyond the proper number; an action of trespass which must have been brought by the lord of the manor; an action on the case, or a writ of admeasurement of pasture. 2 Bl. Comm. 238, note. In Equity Practice. To prove the omission of an item from an account which is before the court as complete, which should be inserted to the credit of the party surcharging. Story, Eq. Jur. § 626; 2 Ves. Jr. 565; 11 Wheat. (U. S.) 237; 8 Rich. Eq. (S. C.) 248. It is opposed to “falsify” (q.v.) Leave to surcharge and falsify is granted in preference to opening an account, in case of an account stated by the parties or reported by an auditor, where the party obtaining the liberty would be concluded by the account were it not granted. See “Account;” “Auditor.”
Surcharge in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Surcharge | Surcharge in the World Legal Encyclopedia. |
| Surcharge | Surcharge in the European Legal Encyclopedia. |
| Surcharge | Surcharge in the Asian Legal Encyclopedia. |
| Surcharge | Surcharge in the UK Legal Encyclopedia. |
| Surcharge | Surcharge in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Surcharge
Scan Surcharge in the appropriate area of law:
| Link | Description |
|---|---|
| Surcharge | Surcharge in the Family Law Portal of the American Encyclopedia of Law. |
| Surcharge | Surcharge in the IP Portal of the American Encyclopedia of Law. |
| Surcharge | Surcharge in the Commercial Law Portal of the American Encyclopedia of Law. |
| Surcharge | Surcharge in the Criminal Law Portal of the American Encyclopedia of Law. |
| Surcharge | Surcharge in the Antritrust Portal of the American Encyclopedia of Law. |
| Surcharge | Surcharge in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Surcharge | Surcharge in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Surcharge | Surcharge in the Tax Law Portal of the American Encyclopedia of Law. |
| Surcharge | Surcharge in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Surcharge | Surcharge in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Surcharge | Surcharge in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Surcharge | Surcharge in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Surcharge in the Dictionaries | Surcharge in our legal dictionaries |
| http://lawi.us/surcharge | The URI of Surcharge (more about URIs) |
| Surcharge related entries | Find related entries of Surcharge |
Legal Issue for Attorneys
To put more cattle upon a common than the herbage will sustain, or than the party hath a right to do. 3 Bl. Comm. 237. In case of common without stint, it could only happen when insufficient herbage was left for the lord’s own cattle. 1 Rolle, Abr. 399. The remedy was by distraining the beasts beyond the proper number; an action of trespass which must have been brought by the lord of the manor; an action on the case, or a writ of admeasurement of pasture. 2 Bl. Comm. 238, note. In Equity Practice. To prove the omission of an item from an account which is before the court as complete, which should be inserted to the credit of the party surcharging. Story, Eq. Jur. § 626; 2 Ves. Jr. 565; 11 Wheat. (U. S.) 237; 8 Rich. Eq. (S. C.) 248. It is opposed to “falsify” (q.v.) Leave to surcharge and falsify is granted in preference to opening an account, in case of an account stated by the parties or reported by an auditor, where the party obtaining the liberty would be concluded by the account were it not granted. See “Account;” “Auditor.”
Notice
This definition of Surcharge is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.