Demurrage

The delay of a vessel by the freighter beyond the time allowed for loading, unloading, or sailing.

3 Kent. Comm. 203.

Payment for such delay. Demurrage is an extended freight or reward to the vessel in compensation for earnings she is compelled to lose.

Abb. Adm. (D. C.) 548.

The term is also applied to the payment for delay of railroad equipment. DEMURRER (Lat. demorari; old Fr. demorrer, to stay; to abide). In Pleading at Law. An allegation that, admitting the facts of the preceding pleading to be true as stated by the party making it, he has yet shown no cause why the party demurring should be compelled by the court to proceed further. A declaration that the party demurring will go no further, because the other has shown nothing against him.

5 Mod. 232; Co. Litt. 71b.

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. 71b; Steph. PL 61.

A general demurrer is one which excepts to the sufficiency of a previous pleading in general terms; such a demurrer being sufficient if the objection is to matters of substance. Steph. PI.

159.

A special demurrer is one which shows specifically the nature of the objection, and the ground of exception.

Co. Litt. 72a.

In Equity Pleading.

— 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 be 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. (Jeremy Ed.) 107.

Demurrers are general, where no particular cause is assigned except the usual formulary that there is no equity in the bill; or special, where the particular defects are pointed out.

Story, Eq. PI. § 455.

General demurrers are used to point out defects of substance; special, to point out defects in form. In many states, the grounds of demurrer and the requisites of a demurrer are regulated by statute. Thus, in Minnesota a complaint may be demurred to for (1) absence of jurisdiction; (2) lack of legal capacity in plaintiff to sue; (3) another action pending; (4) defect of parties; (5) misjoinder of causes of action; (6) failure to state facts sufficient to constitute a cause of action. The demurrer must distinctly specify the ground of objection as being one of those enumerated by Gen. St. Minn. 1878, c.

66, §§ 92, 93.

In Practice. Demurrer to evidence is a declaration that the party making it will not proceed, because the evidence offered on the other side is not sufficient to maintain the issue.

28 Ala. (N. S.) 637.

Upon joinder by the opposite party, the jury is generally discharged from giving any verdict (1 Archb. Prac. 186); and the demurrer, being entered on record, is afterwards ultimately be brought before a court of error.

See 2 H. BI. 187; 4 Chit. Prac. 15; Gould, PL c. 9, pt. 2, § 47.

It admits the truth of the evidence given, and the legal deductions therefrom.

14 Pa. St. 275.

As to the right so to demur, and the practice, see 4 Iowa, 63. Demurrer to interrogatories is the reason which a witness tenders for not answering a particular question in interrogatories.

2 Swanst. Ch. 194.

It is not, strictly speaking, a demurrer, except in the popular sense of the word.

Gresl. Eq. Ev. 61.

The court are judicially to determine its validity. The witness must state his objection very carefully, for these demurrers are held to strict rules, and are readily overruled if they cover too much.

2 Atk. 524; 1 Younge & J. 132.

See, generally, as to demurrer, Bouv. Inst. Index.