Demurrer
A Law Dictionary and Glossary · George C. Kinney · 1893
A Law Dictionary and Glossary
A pausing or resting; a resting in the judgment of the law; a pleading at law which excepts or objects to the pleading of the opposite party, as being insufficient in law, and by which the party objecting rests or abides upon the point in question, and submits it to the judgment of the court, — where it states the causes of objection, called a special demurrer; a pleading in equity which objects that the bill does not contain sufficient matter of equity to entitle the complainant to relief, and submits it to the court whether upon the face of the bill the defendant is bound to answer, — called, where it alleges new matter, a speaking demurrer. Demurrer book: a record of the issue on a demurrer at law, containing a transcript of the pleadings with proper entriea Demurrer to eyidence: an objection or exception by one of the parties to an action that the evidence produced by the opposite party on the trial is insufficient in law, and calling on the court to give judgment as upon the facts alleged. Such a demurrer admits whatever the evidence fairly tends to prove.