Law Dictionary

demurrer

French demourer, to tarry, stay, hesitate: Latin de-morari, to delay fully, rest: mora, delay. A declaration that "the party will go no further, because the other has not showed sufficient matter against him;" imports that the objector will wait the judgment of the court whether he is bound to proceed. Leaves v. Bernard. An admission of the fact, submitting the law to the court. Havens v. Hartford R. Co., . The tender of an issue in law upon the facts established by the pleading. Goodman v. Ford, . In law, or at common law, an issue upon matter of law is called a "demurrer:" it confesses the facts to be true as stated by the opposite party, but denies that, by the law arising upon those facts, any injury is done to the plaintiff, or that the defendant has made out a legitimate excuse.

Source : William C. Anderson, A Dictionary of Law (1893)

Language : English

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