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单词 DEMURRER
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In pleading. The formal mode of disputing the sufficiency in law of thepleading of the other side. In effect it is an allegation that, even if the facts as stated inthe pleading to which objection is taken be true, yet their legal conscpiences are notsuch as to put the demurring party to the necessity of answering them or proceedingfurther with the cause. Reid v. Field, 83Va. 26, 1 S. E. 395; Parish v. Sloan, 3S N. C. 609; Goodman v. Ford, 23 Miss. 595; HostetterCo. v. Lyons Co. (C. C.) 99 Fed. 735.An objection made by one party to bis opponent’s pleading, alleging that he oughtnot to answer it, for some defect iu law In the pleading. It admits the facts, and refersthe law arising thereon to the court. 7 How. 5S1.It imports that the objecting party will not proceed, but will wait the judgment of thecourt whether he is bound so to do. Co. Litt. 716; Steph. PI. 61.In Equity. An allegation of a defendant, which, admitting the matters of fact allegedby the bill to be true, shows that as they are therein set forth they are insufficient forthe plaintiff to proceed upon or to oblige the defendant to answer; or that, for somereason apparent on the face of the bill, or on account of the omission of some matterwhich ought to lie contained therein, or for want of some circumstances which ought tobe attendant thereon, the defendant ought not to be compelled to answer to the wholebill, or to some certain part thereof. Mitf. Eq. PI. 107.Classification and varieties. A general demurrer is a demurrer framed in generalterms, without showing specifically the nature of the objection, and which is usuallyresorted to where the objection is to matter of substance. Steph. PI. 140-142: 1 Chit.PI. 603. See Reid v. Field, 83 Va. 20, 1 S. E. 395; II. S. v. National Bank (C. C.) 73 Fed.381; McGuire v. Van Pelt, 55 Ala. 344; Taylor v. Taylor, 87 Mich. 01, 49 N. W. 519. Aspecial demurrer is one which excepts to the sufficiency of the pleadings on theopposite side, and shows specifically the nature of the objection, and the particularground of the exception. 3 Bouv. lust. no. 3022. Darcey v. Lake, -10 Mis

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更新时间:2025/3/14 8:08:09