DEMURRER • E-FREE TRANSLATION.COM • 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

... to reading more books on English law than he is now.[Footnote: See Report of the American Bar Association for 1903, p. 675.] He learned his profession by the eye and not by the ear. His only lectures were the occasional arguments on a demurrer or writ of error which he might hear in the court room, and these were a reiteration of rules ...

— The American Judiciary • Simeon E. Baldwin, LLD

... This complaint is a clear statement of the plaintiff's cause or causes of action. At the time of filing this complaint the summons is issued and handed to the attorney for the plaintiff. Where the defendant is not willing to file an answer or demurrer, and thus submit to the jurisdiction of the court, an "Affidavit for Publication" is sworn to by the plaintiff, and an "Order for Publication" is prepared for the signature of the judge, and being signed by him, is filed with the ...

— Reno - A Book of Short Stories and Information • Lilyan Stratton

... looking at the fire through those blue barnacles, it was not likely there would be much rose-color in his visions. In great triumph I retraced my steps, and knocked the culprit up to put in this "demurrer." I flatter myself it floored him. He did attempt some lame excuse about "taking his spectacles off at such times," but I refused to listen to a word, and marched out of the place with drums beating and colors flying, first exasperating him ...

— Sword and Gown - A Novel • George A. Lawrence

... leg, the epigram is quite as good as a Bric-a-Brac anecdote, the people are quite as worthy as Cowper's barber, and the effect upon the history of letters quite as close and important. With this demurrer, we will apply ourselves for a moment to Mr. Stoddard's last collection, which of course we relish as much as anybody. We could wish that, after discharging his very well-executed duty of writing the preface, he could find some further time for elucidating the text. The present ...

— Lippincott's Magazine of Popular Literature and Science Vol. XV., No. 85. January, 1875. • Various

... has been quoted to justify the tradition which Lincoln left behind him at the bar of Illinois. His weak as well as his strong qualities have been indicated. He never learned the technicalities, what some would call the tricks, of the profession. The sleight of plea and demurrer, the legerdemain by which justice is balked and a weak case is made to gain an unfair advantage, was too subtle and shifty for his strong and straightforward intelligence. He met these manoeuvres sufficiently well, when practiced by ...

— Abraham Lincoln: A History V1 • John G. Nicolay and John Hay

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