Demurrer.L

Fr. & Eng. [from L. Fr. demurer, demorer; L. Lat. demorari, to wait, stop or stay.] In pleading. Literally, a pause, or rest. A tind of pause or stop put to an action, [and usually in the pleadings,] upon a point of difficulty which must be determined by the court before any further proceeding can be had. Cowell. Mansel on Demurrer, 1. — An exception or objection by one of the parties to an action, to the pleading of the opposite party, as being insufficient in law to sustain his action or defence, upon which the party so objecting rests or abides upon the point in question, {moratur or demoratur in lege,) and submits it to the judgment of the court.* 1 LilL Abr, 435. 3 BL Com. 314. — A declaration that the objecting party will not proceed with the pleading,, because no sufficient statement has been made on the other side, but will wait the judgment of the court, whether he is bound to answer. Steph. PI. 44. Co. Litt. 71 b. Strictly, a demurrer is not an answer, although it is sometimes considered as such. 6 Peters* B. 327. — An abiding in point of law, and a referring to the judgment of the court whether the declaration or plea of the adverse party is sufficient in law to be maintuned. Finch, lib. 4, c. 40. Mansel o» Demurrer, 1. An issue joined upon mattel" of law, io be determined by the judges. Id. ibid. See Issue in law.