Demurrer to evidence

This proceeding (now practically obsolete) was analogous to a demurrer to a pleading. It was an objection or exception by one of the parties in an action at law, to the effect that the evidence which his adversary had produced was insufficient in point of law (whether true or not) to make out his case or sustain the issue. Upon joinder in demurrer, the jury was discharged, and the case was ar gued to the court in bano, who gave judgment upon the facte as shown in evidence.

See 3 Bl. Con 372; Bass v. Rublee, 76 Vt. 395, 57 Atl. 966; Patteson v. Ford, 2 Grat. (Va.) 18; Suydam v. Williamson, 20 How. 436, 15 It. Ed. 978; Railroad Co. v. McArthur, 43 Miss. 180.