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demurrer - 5 dictionary results

de⋅mur⋅rer

1  [di-mur-er]
Use demurrer in a Sentence
–noun
a person who demurs; objector.
Origin:
demur + -er 1

de⋅mur⋅rer

2  [di-mur-er]
–noun
1. Law. a pleading in effect that even if the facts are as alleged by the opposite party, they do not sustain the contention based on them.
2. an objection raised; demur.
Origin:
1525–35; < AF demur(r)er. See demur, -er 3

Synonyms:
2. dissent, challenge, protest, qualm, misgiving.
Dictionary.com Unabridged
Based on the Random House Dictionary, © Random House, Inc. 2009.
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de·mur·rer   (dĭ-mûr'ər, -mŭr'-)   
n.  
  1. One that demurs; an objector.
  2. An objection.
  3. Law A method of objecting that admits the facts of the opponent's argument but denies that they sustain the pleading based upon them.
The American Heritage® Dictionary of the English Language, Fourth Edition
Copyright © 2009 by Houghton Mifflin Company.
Published by Houghton Mifflin Company. All rights reserved.
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Demurrer

De*mur"rer\, n. 1. One who demurs.

2. (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 to evidence, an exception taken by a party to the evidence offered by the opposite party, and an objecting to proceed further, on the allegation that such evidence is not sufficient in law to maintain the issue, and a reference to the court to determine the point. --Bouvier.
Webster's Revised Unabridged Dictionary, © 1996, 1998 MICRA, Inc.
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Main Entry: de·mur·rer
Pronunciation: di-'m&r-&r
Function: noun
Etymology: Anglo-French, from demurrer to file a demurrer, literally, to stay, dwell, delay, from Old French demorer, from Latin demorari to delay
: a plea in response to an allegation (as in a complaint or indictment) that admits its truth but also asserts that it is not sufficient as a cause of action —compare CONFESSION AND AVOIDANCE
NOTE: Demurrers are no longer used in federal civil or criminal procedure but are still used in some states. General demurrers are replaced in the Federal Rules of Civil Procedure by motions to dismiss for failure to state a claim on which relief may be granted. Special demurrers are replaced by motions for more definite statement. In the Federal Rules of Criminal Procedure, a motion to dismiss or to grant appropriate relief takes the place of a demurrer. Demurrers are sometimes used to question a court's jurisdiction.
demurrer to the evidence
: a demurrer that asserts that the evidence is not sufficient to create a question of fact for the jury to decide
general demurrer
: a demurrer that challenges the sufficiency of the substance of allegation
special demurrer
: a demurrer that challenges the structure or form of an allegation as uncertain or ambiguous
NOTE: A special demurrer must specify the defect in the allegation.
Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.
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