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DEMURRER Definition & Legal Meaning

Definition & Citations:

In pleading. The formal mode of disputing the sufficiency in law of the pleading of the other side. In effect it is an allegation that, even if the facts as stated in the pleading to which objection is taken be true, yet their legal consciences are not such as to put the demurring party to the necessity of answering them or proceeding further with the cause. Reid v. Field, 83 Va. 26, 1 S. E. 395; Parish v. Sloan, 3S N. C. 609; Goodman v. Ford, 23 Miss. 595; Hostetter Co. v. Lyons Co. (C. C.) 99 Fed. 735.An objection made by one party to bis opponent’s pleading, alleging that he ought not to answer it, for some defect in law In the pleading. It admits the facts, and refers the law arising thereon to the court. 7 How. 5S1.It imports that the objecting party will not proceed, but will wait the judgment of the court whether he is bound so to do. Co. Litt. 716; Steph. PI. 61.In Equity. An allegation of a defendant, which, admitting the matters of fact alleged by the bill to be true, shows that as they are therein set forth they are insufficient for the plaintiff to proceed upon or to oblige the defendant to answer; or that, for some reason apparent on the face of the bill, or on account of the omission of some matter which ought to lie contained therein, or for want of some circumstances which ought to be attendant thereon, the defendant ought not to be compelled to answer to the whole bill, or to some certain part thereof. Mitf. Eq. PI. 107.Classification and varieties. A general demurrer is a demurrer framed in general terms, without showing specifically the nature of the objection, and which is usually resorted to where the objection is to matter of substance. Steph. PI. 140-142: 1 Chit.PI. 603. See Reid v. Field, 83 Va. 20, 1 S. E. 395; II. S. v. National Bank (C. C.) 73 Fed.381; McGuire v. Van Pelt, 55 Ala. 344; Taylor v. Taylor, 87 Mich. 01, 49 N. W. 519. A special demurrer is one which excepts to the sufficiency of the pleadings on the opposite side, and shows specifically the nature of the objection, and the particular ground of the exception. 3 Bouv. lust. no. 3022. Darcey v. Lake, -10 Mis


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