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demurrer

Definitions

  • WordNet 3.6
    • n demurrer a defendant's answer or plea denying the truth of the charges against him "he gave evidence for the defense"
    • n demurrer (law) any pleading that attacks the legal sufficiency of the opponent's pleadings
    • n demurrer (law) a formal objection to an opponent's pleadings
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Webster's Revised Unabridged Dictionary
    • Demurrer (Law) A stop or pause by a party to an action, for the judgment of the court on the question, whether, assuming the truth of the matter alleged by the opposite party, it is sufficient in law to sustain the action or defense, and hence whether the party resting is bound to answer or proceed further.
    • Demurrer One who demurs.
    • ***
Century Dictionary and Cyclopedia
    • n demurrer One who demurs.
    • n demurrer In law, a pleading in effect that, even conceding the facts to be as alleged by the adversary, he is not entitled to the relief he asks. A general demurrer is one that does not specify an objection, but rests on some defect in substance; a special demurrer is one that specifies some defect in the form of the adversary's allegation.
    • n demurrer A demur; an objection.
    • ***
Chambers's Twentieth Century Dictionary
    • Demurrer one who demurs:
    • Demurrer (law) a plea in law that, even if the opponent's facts are as he says, they yet do not support his case
    • ***

Etymology

Chambers's Twentieth Century Dictionary
Fr. demeurer—L. demorāri, to loiter, linger—de, inten., and morāri, to delay—mora, delay.

Usage

In literature:

To Will's suggestion mother entered a demurrer, but finally yielded before his insistence.
"Last of the Great Scouts" by Helen Cody Wetmore
But to this new order there was an instant demurrer.
"His Dog" by Albert Payson Terhune
And on demurrer judgment was given for the plaintiff.
"The Common Law" by Oliver Wendell Holmes, Jr.
Demurrer to declaration, if there ever was one, overruled.
"Lincoln's Yarns and Stories" by Alexander K. McClure
A demurrer was filed and argued in July, 1840, at the Utica term of the Supreme Court.
"James Fenimore Cooper" by Thomas R. Lounsbury
To all objections and demurrers as to haste and postponement Philip had a ready and eloquent answer.
"Hubert's Wife" by Minnie Mary Lee
Bob beamed at the intelligence of the demurrer.
"Walter and the Wireless" by Sara Ware Bassett
He brought his action for trespass, which the law officers met by a demurrer.
"The History of Tasmania, Volume I (of 2)" by John West
To this plea the plaintiff demurred, and the defendant joined in demurrer.
"Cotton is King and The Pro-Slavery Arguments" by Various
Send me no demurrer, but your own intemperate self.
"The Strollers" by Frederic S. Isham
Dorothy was very anxious, of course, that this young girl should be invited; but Iris put in a demurrer at once.
"Pretty Madcap Dorothy" by Laura Jean Libbey
Now summonses at Chambers, and appeals, and demurrers, are not at all bad conjuring wands, if you only know how to use them.
"The Humourous Story of Farmer Bumpkin's Lawsuit" by Richard Harris
To this plea the plaintiff demurred, and the defendant joined in demurrer.
"Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F.A. Sandford" by Benjamin C. Howard
With a quiet drawl, containing both a reproof and a demurrer, Sobieska corrected him.
"Trusia" by Davis Brinton
Notwithstanding his demurrer, Wendel was on the road long before daybreak.
"Black Forest Village Stories" by Berthold Auerbach
And is Lorenzo a demurrer still?
"Young's Night Thoughts" by Edward Young
Demurrer to declaration, if there ever was one, overruled.
"Abraham Lincoln, Volume 2 (of 2) The True Story of a Great Life" by William H. Herndon Jesse W. Weik
He is a demurrer filed by the Confederate congress.
"The Works of Robert G. Ingersoll, Vol. 9 (of 12) Dresden Edition--Political" by Robert G. Ingersoll
The case was tried upon demurrer to this answer, and upon appeal to the supreme court of Iowa the will was sustained.
"Autobiography of Charles Clinton Nourse" by Charles Clinton Nourse
Formerly the pleader had the fear of a demurrer before him.
"Encyclopaedia Britannica, 11th Edition, Volume 15, Slice 5" by Various
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In poetry:

Then came pleas and rejoinders, rebutters, demurrers,
Such as Chitty would plough into Richard Roe's furrows; —
Cross questions, and very cross answers, to suit —
So the gist of the case was the point in dispute.
"Scire Facias" by John Gardiner Calkins Brainard

In news:

John Boorman's modernist, noirish thriller (1967) is still his best and funniest effort (despite the well-phrased demurrals of filmmaker Thom Andersen regarding its cavalier treatment of Los Angeles).
The judge who questioned the viability of the suit Tuesday, granted demurrers on all civil claims but allowed the parents' lawyers to amend and refile the case within 20 days.
City of Hercules vs Nelson Oliva, NEO Consulting Inc et al. Demurrer overruled.
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