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
What is DEMURRER?
Enter your email address to stay current on legal news and receive special offers
Featuring Black’s Law Dictionary
Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. For questions regarding your specific situation, please consult a qualified attorney.
- Martial Law: Everything You Need To Know In 2020
- W-9s: What It Is, Who They’re For, & How To Fill It Out
- Marijuana: Recreational, Grow, & Medical Laws By State 2020
- Economic Recession VS Depression: Similarities & Differences
- Brexit Explained For Those Who Don’t Live In The UK
- Imperialism Definition, Laws, & History: From Rome To Now
- Capitalism, Socialism, & Communism Explained In Plain English
- What Is A Government Shutdown & Who Does It Affect?
- Is It A Monopoly? Everything You Ever Wanted To Know
- Breach Of Contract: What It Is, Types, Examples, & Resolving Them
- Best Way to Find Someone in Jail for Free
- How Do You Look up License Plate Numbers?
- What Is A Police Welfare Check?
- Best Way to Run a Free Arrest Warrant Check
- Signing a Letter on Someone Else’s Behalf
- How To Find An Inmate’s Release Date
- How To Find A Name & Address Using A License Plate Number
- Best Way to Write a Professional Letter to a Judge
- How to Transfer a Car Title When The Owner Is Deceased
- How To Look Up My Court Date Online