DEMURRER • FREE TRANSLATOR.ORG • Definition of Demurrer

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noun

Demurrer n.

One who demurs.

(Law) A stop or pause by a party to an action, for the judgment of the court on the question, whether, assuming the truth of the matter alleged by the opposite party, it is sufficient in law to sustain the action or defense, and hence whether the party resting is bound to answer or proceed further.

Demurrer to evidence, an exception taken by a party to the evidence offered by the opposite party, and an objecting to proceed further, on the allegation that such evidence is not sufficient in law to maintain the issue, and a reference to the court to determine the point.

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Etymology of 'Demurrer'

Collaborative International Dictionary of English 0.48

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"Demurrer" Quotes from Famous Books

... the said Walton in manner and form as the said Walton against him declared. Whereby the said Walton perceived that upon the said plea and tender his said action should be dissolved; demurred in law upon the same plea, which demurrer, what for lack that the Recorder of the said City and other Councillors can have no convenient time to argue the said matter, and also for lack that the counsel for the said Walton was not ready when the said matter of law should be argued, the said matter as ...

— Fifteenth Century Prose and Verse • Various

... the parsons brought suit for their salaries. The defendants pleaded the Commutation Act in defence; to this plea the plaintiffs demurred; and the court, as it was bound to do, gave judgment for the plaintiff on the demurrer. The only question then left was the quantum of damages, to be assessed by a jury. The case selected for a test was the case of the Rev. James Maury against the sheriff of Hanover County and his sureties. ...

— Great Men and Famous Women. Vol. 4 of 8 • Various

... was busy securing the household property of his clients, he gained the day at Poitiers on the point of law on which the demurrer and appeals were based. He held that, as the court of the Seine had ordered the plaintiff to pay costs of proceedings in the Paris commercial court, David was so much the less liable for expenses of litigation incurred upon Lucien's account. The Court-Royal took this view of the case, and ...

— Lost Illusions • Honore De Balzac

... called a demurrer, is when a defect or legal difficulty is discovered, which must first be settled by the judge before the action or proceedings ...

— The Works of John Bunyan • John Bunyan

... His Majesty King George III., but that they were not to consider whether the publication was 'false and malicious,' these being mere formal words, and that whether the letter was libellous or innocent was a pure question of law, upon which the opinion of the court might be taken by a demurrer, or a ...

— International Miscellany of Literature, Art and Science, Vol. 1, - No. 3, Oct. 1, 1850 • Various