Demurrer to evidence

A demurrer to evidence is defined by the best test writers to be a proceeding by which the court in which the action is depending is called upon to decide what the law is upon the facts shown in evidence, and it is regarded in general as analogous to a demurrer upon the facts alleged in pleading. When a party wishes to withdraw from the jury the application of the law to the facts, he may, by consent of the court, demur in law upon the evidence, the effect of which is to take from the jury and refer to the court the application of the law to the facts, and thus the evidence is made a part of the record, and is considered by the court as in the case of a special verdict.

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.

Defined under Demurrer in Black's Law Dictionary.

This procecding (now practicaily obsolete) was analogous to a demurrer te a pleading. It Was in 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 insuflicient in point of law ( whether true or not) to make ont his case or sustain the issue. Upon joinder in demurrer, the jury was discharged, and the case was argued to the court in bane, who gave judgnent upon the facts as shown in evidence, See 3 Bl. Comm. 372.

an practice. A demurrer to evidence is analogous to a demurrer in pleading; the party from whom it comes declaring that he will not proceed, because the evidence offered on the other side, is not sufficient to maintain the issue. Upon joinder in demurrer, by the opposite party, the jury are, in general, discharged from giving any verdict, 1 Arch. Pr. 186; and the demurrer being entered on record, is afterwards argued and decided in the court in bank; and the judgment there given upon it, may ultimately be brought before a court of error. See 2 H. Bl. 187; 4 Chit. Pr. 15.