Law. [f. SUR- + REBUTTER, after surrejoinder.] In old common-law pleading, a plaintiff’s reply to a defendant’s rebutter. Also transf., a further rejoinder.
a. 1601. Sir T. Fanshawe, Pract. Exch. (1658), 146. They must proceed with Rebutter, and sur-rebutter, untill every point materiall be put in perfect issue.
1770. Foote, Lame Lover, II. Wks. 1782, III. 34. Rejoinders, sur-rejoinders, rebutters, sur-rebutters, replications.
1866. Lowell, Biglow P., Introd., Poems (1912), 279/2. Mr. Bartlett (in his dictionary above cited) adds a surrebutter in a verse from Ford’s ‘Broken Heart.’
1888. Morley, in Daily News, 17 Oct., 6/1. Controversy is seldom profitable after it gets down to the stage of sur-rebutter and sur-rejoinder.
1893. C. G. Leland, Mem., I. 295. Then came the attack on the impropriety of the whole thing, and finally Mr. Barnum’s triumphant surrebutter.
So † Surrebat sb., shortening of or error for SURREBUTTER; Surrebut v. [cf. REBUT] intr. to reply to a rebutter (also transf.); trans. to repel as by a surrebutter; Surrebuttal [cf. REBUTTAL], surrebutter.
1587. Harrison, England, II. ix. (1877), I. 202. The parties plaintiffe & defendant … proceed … by plaint or declaration, barre or answer, replication, reioinder, and so by rebut, surrebut to issue and triall.
1726. T. Madox, Firma Burgi, x. § 21. 198. To this William Cokenage Surrebutteth. He saith, That [etc.].
1845. De Quincey, Wordsw. Poetry, Wks. 1857, VI. 258. A smart reciprocation … of asserting and denying,… butting, rebutting, and ‘surrebutting.’
1866. Blackmore, Cradock Nowell, iv. To revive their efficacy, and so surrebut all let and hindrance.
1889. Times, 25 Nov., 5/4. The State’s rebuttal and surrebuttal of the defence are not expected to be protracted.
1895. Q. Rev., July, 264. The members of the majority above named not unnaturally sur-rebut on this interpretation of paragraph 24.
1909. Eliz. Banks, Myst. Frances Farrington, 31. There were witnesses to come in rebuttal, but he … could call witnesses in surrebuttal.
