Demurrer

In equity pleading. An objection to the complainant's bill in a suit in equity, of nearly the same nature as a demurrer in law, being an appeal to the judgment of the court whether, upon the face of the bill itself, the defendant shall be bound to answer; as for want of sufficient matter of equity therein contained.

3 Bl. Com. 446. 4 Steph. Com. 21.

— A demurrer is 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 because of the omission of some matter which ought to be contained therein, or for want of some circumstance which ought to be attendant thereon, the defendant ought not to be compelled to answer.

It therefore demands the judgment of the court whether the defendant shall be compelled to make answer to the plaintiff's bill or to some certain part thereof. Mitford's Chanc. Pl. 107, 108, [128, 129, Moulton's ed. and notes, ibid.]